There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Chapter 520 Wildlife 520 ILCS 5/ Wildlife Code.
(520 ILCS 5/1.1) (from Ch. 61, par. 1.1)
Sec. 1.1.
This Act shall be known and may be cited as the "Wildlife Code".
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2) (from Ch. 61, par. 1.2)
Sec. 1.2.
This Act shall be administered by and under the direction
of the Department of Natural Resources. As used in this
Act, unless the context otherwise requires, the terms specified in Sections
1.2a through 1.2t have the meanings ascribed to them in those Sections.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(520 ILCS 5/1.2a) (from Ch. 61, par. 1.2a)
Sec. 1.2a.
"Administrative rule" means an administrative
rule of the
Department issued under Section 1.3 of this Act.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.2b) (from Ch. 61, par. 1.2b)
Sec. 1.2b.
"Authorized Employee" means all sworn members of the Law Enforcement
Division and those persons specifically granted law enforcement
authorization by the Director.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2b‑1) (from Ch. 61, par. 1.2b‑1)
Sec. 1.2b‑1.
Case.
Case means a container specifically
designed for the purpose of housing a gun or bow and arrow device which
completely encloses such gun or bow and arrow device by being zipped,
snapped, buckled, tied or otherwise fastened with no portion of the gun or
bow and arrow device exposed.
(Source: P.A. 84‑150.)
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(520 ILCS 5/1.2c) (from Ch. 61, par. 1.2c)
Sec. 1.2c.
"Contraband" means all wild birds or any part thereof, (their
nests or eggs), wild mammals or any part thereof, taken, bought, sold or
bartered, shipped or had in possession, or any conveyance, vehicle, water
craft or other means of transportation whatsoever (except sealed railroad
cars or other common carrier) used to transport or ship any part thereof
so taken, contrary to any of the provisions hereof or an administrative
rule of the Department; or any of the previously specified species when
taken legally but transported contrary to any of the provisions of this
Act or an administrative rule of the Department.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.2c‑1) (from Ch. 61, par. 1.2c‑1)
Sec. 1.2c‑1.
Daily Limit.
Daily Limit means the maximum number or amount of species
which can be lawfully taken by one person in one calendar day.
(Source: P.A. 84‑150.)
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(520 ILCS 5/1.2d) (from Ch. 61, par. 1.2d)
Sec. 1.2d.
"Department" means the Department of Natural Resources.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(520 ILCS 5/1.2e) (from Ch. 61, par. 1.2e)
Sec. 1.2e.
"Director" means the Director of Natural Resources.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(520 ILCS 5/1.2f) (from Ch. 61, par. 1.2f)
Sec. 1.2f.
"Freshly killed" means any carcass, remains or parts of the
body of any dead mammal or bird that has not been prepared for immediate
consumption or storage for later consumption.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2g) (from Ch. 61, par. 1.2g)
Sec. 1.2g.
"Fur‑bearing mammals" means the following specific species,
mink, muskrat, raccoon, striped skunk, weasel, bobcat, opossum, beaver,
river otter, badger, red fox, gray
fox, and coyote.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2h) (from Ch. 61, par. 1.2h)
Sec. 1.2h.
"Game mammals" means the following specific species:
cottontail,
swamp, and jack rabbit, white‑tailed deer, fox squirrel, gray squirrel and ground hog.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2i) (from Ch. 61, par. 1.2i)
Sec. 1.2i.
"Green hide" means any hide or pelt which has not been tanned.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2j) (from Ch. 61, par. 1.2j)
Sec. 1.2j.
"Gun" means shotgun, rifle, handgun, or air gun.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2k) (from Ch. 61, par. 1.2k)
Sec. 1.2k.
"Hunt" means the act of a person possessing a weapon or being
accompanied by a dog or a bird of prey for the purpose of taking
species protected by this
Act in any location such species may inhabit.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.2l) (from Ch. 61, par. 1.2l)
Sec. 1.2l.
"Person" includes the plural "persons", "females" as well as
"males" and shall extend and be applied to clubs, associations, corporations,
firms and partnerships as well as individuals.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2m‑1) (from Ch. 61, par. 1.2m‑1)
Sec. 1.2m‑1.
Possession Limit.
Possession Limit means the maximum number or amount of
species which can be lawfully held or possessed by one person at any time.
(Source: P.A. 84‑150.)
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(520 ILCS 5/1.2n) (from Ch. 61, par. 1.2n)
Sec. 1.2n.
"Sale" means to sell, barter or otherwise offer goods to another
for consideration. The term sale shall include serving the same as a part
of a meal by any restaurant, hotel, or other commercial establishment.
Proof of sale of any such game bird or game mammal shall constitute prima facie
evidence that such birds or mammals were also sold in violation of this
Act except as provided in Sections 3.23 and 3.24.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2o) (from Ch. 61, par. 1.2o)
Sec. 1.2o.
"Take" means hunt, shoot, pursue, lure, kill, destroy, capture,
gig or spear, trap or ensnare, harass, or to attempt to do so.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2p) (from Ch. 61, par. 1.2p)
Sec. 1.2p.
"Transport" or "ship" means to convey by means of parcel post,
express, freight baggage or shipment by common carrier of any description; or by
automobile, motorcycle, or other vehicle of any kind; or by water or aircraft
of any kind or by any other means of transportation whatsoever.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2q) (from Ch. 61, par. 1.2q)
Sec. 1.2q.
"Trap" means to capture, or attempt to capture, by setting or
placing a leg hold trap, cushion‑hold trap, bodygripping trap, cage or box
trap, snare or other similar device permitted by this Act to capture, hold
or kill any wildlife protected by this Act.
(Source: P.A. 85‑152; 86‑1354.)
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(520 ILCS 5/1.2r) (from Ch. 61, par. 1.2r)
Sec. 1.2r.
"Vehicle" means any device capable of transporting a person
on land, on ice, on water, in water, or in the air.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2s) (from Ch. 61, par. 1.2s)
Sec. 1.2s.
"Wild" means not domesticated, living unconfined in a state of nature.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.2t) (from Ch. 61, par. 1.2t)
Sec. 1.2t.
"Wildlife" means any bird or mammal living in a state of nature
without the care of man including all species covered by this Act.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.2u) (from Ch. 61, par. 1.2u)
Sec. 1.2u.
"Individual" means a natural person.
(Source: P.A. 84‑150.)
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(520 ILCS 5/1.2v) (from Ch. 61, par. 1.2v)
Sec. 1.2v.
"Water set" means any trap or similar device which is
placed or set in contact with flowing or impounded water.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.2w) (from Ch. 61, par. 1.2w)
Sec. 1.2w.
"Land set" means any trap or similar device which is not
placed or set in contact with flowing or impounded water.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.2x)
Sec. 1.2x.
Taxidermy.
"Taxidermy" means the art of preparing, preserving,
and mounting the skins of fish, birds, or mammals to make them appear lifelike.
(Source: P.A. 88‑416.)
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(520 ILCS 5/1.3)
Sec. 1.3.
The Department shall have the authority to manage
wildlife and regulate the taking of wildlife for
the
purposes of providing public recreation and controlling wildlife populations.
The seasons during which wildlife may be taken, the methods for taking
wildlife, the daily bag
limits, and the possession limits shall be established by the Department
through
administrative rule,
but the Department may not provide for a longer season, a
larger daily bag limit, or a larger possession limit than is provided in
this Code.
The Natural Resources Advisory Board may also recommend to the Director of
Natural Resources any reductions or increases of seasons and bag or possession
limits or the closure of any season when research and inventory data indicate
the need for such changes.
The Department is authorized to establish seasons for the taking of
migratory birds within the dates established annually by
Proclamation of the
Secretary, United States Department of the Interior, known as the
"Rules and Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.). When
the biological balance of any
species is affected, the Director may with the approval of the
Conservation Advisory Board, by administrative rule, lengthen, shorten
or close the season during which waterfowl may be taken within the
federal limitations prescribed.
If the Department does not adopt an administrative rule establishing a
season, then the season shall be as set forth in the current "Rules and
Regulations for Migratory Bird Hunting". The Department shall advise the
public by reasonable means of the dates of the various seasons.
The Department may utilize the services of the staff of the Illinois
State Natural History Survey Division in the Department of
Natural Resources for making investigations as to the population status of
the various species of wildlife.
Employees or agents of any state, federal, or municipal government or body
when engaged in investigational work and law enforcement, may with prior
approval of the Director, be exempted from the provisions of this Act.
(Source: P.A. 89‑445, eff. 2‑7‑96; 90‑435, eff. 1‑1‑98.)
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(520 ILCS 5/1.4) (from Ch. 61, par. 1.4)
Sec. 1.4.
The Department is authorized to make rules and regulations for
carrying out, administering and enforcing the provisions of this Act. These
rules and regulations shall be called and hereinafter referred to as
administrative rules.
Each rule shall be promulgated in accordance with the
Illinois Administrative Procedure Act.
A copy of any such rule, under the seal of the Department and
certified by the Director thereof shall be received in evidence in all
courts of this State with the same effect as the original.
Such rules, after becoming effective, shall be enforced in the same
manner as are any other provisions of this Act and violators thereof are
subject to the penalties set out in Section 3.5 of this Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(520 ILCS 5/1.5) (from Ch. 61, par. 1.5)
Sec. 1.5.
The Department is authorized to cooperate with the Environmental
Protection Agency of the State of Illinois in making pollution
investigations and making reports thereof.
(Source: P. A. 78‑255.)
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(520 ILCS 5/1.6) (from Ch. 61, par. 1.6)
Sec. 1.6.
The Department, and persons authorized by it, may take, purchase or
propagate, any mammals or birds, or eggs of such birds for
propagation and stocking purposes, and when so taken, may transmit them
to parts of the State where a scarcity of such birds or
mammals exists, for the purpose of restocking such parts of the State.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.7) (from Ch. 61, par. 1.7)
Sec. 1.7.
The Department is authorized to produce such mammals, birds
or their eggs, and to distribute them to anyone having suitable land or
means for their breeding, hatching or further propagation; the
Department shall also have authority to enter into agreements with such
distributees for the propagation or purchase of mammals,
birds, (or their eggs), produced by such distributees.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.8) (from Ch. 61, par. 1.8)
Sec. 1.8.
The Department may establish and maintain refuges or public hunting
areas upon any lands or waters owned by the Federal government by mutual
consent of the Federal and State governments and upon any lands owned or
leased by the State, with the consent and approval of the state
department or agency having jurisdiction over such lands.
The Department may designate state managed lands and waters or portions
thereof as wildlife refuges by administrative rule.
It shall be unlawful to take any species of wildlife on any property named
as a wildlife refuge by the Department or other Department management areas
except as provided by Section 2.25 and Administrative Rules.
The Department shall post the boundaries of such refuges and shall
publish legal notices in accordance with the procedure set forth in
Section 1.13 pertaining to the operation of Public Hunting Areas.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.9) (from Ch. 61, par. 1.9)
Sec. 1.9.
The Department shall have the power and authority to select and
purchase or lease, receive by donation or acquire, in accordance with
the laws relating to eminent domain: (a) suitable lands for the
breeding, hatching, propagation and conservation of birds or
mammals, (b) lands or lands and waters, to be used as public hunting and
fishing grounds, or (c) lands or lands and waters to be used as wildlife
refuges.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.9‑1) (from Ch. 61, par. 1.9‑1)
Sec. 1.9‑1.
The following described areas are designated as State game farms:
Wilmington State Game Farm in Will County;
Glen D. Palmer State Game Farm in Kendall County;
Mt. Vernon State Game Farm in Jefferson County.
(Source: P. A. 78‑255.)
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(520 ILCS 5/1.10) (from Ch. 61, par. 1.10)
Sec. 1.10.
The Department shall take all measures necessary for the
conservation, distribution, introduction and restoration of birds
and mammals. The Department also shall bring or cause to be
brought, actions and proceedings, in the name, and by the authority, of
the People of the State of Illinois, to enforce the provisions of this
Act, including administrative rules, and to recover any and all fines
and penalties hereinafter provided for. Nothing in this Act shall be
construed to authorize the Department to change any penalty prescribed
by law for a violation of its provisions, or to change the amount of
licenses prescribed by law. The Department is authorized to cooperate
with the appropriate Departments of the Federal Government and other
Departments or agencies of the State government and educational
institutions in conducting surveys, experiments, or work of joint
interest or benefit.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.11) (from Ch. 61, par. 1.11)
Sec. 1.11.
The Department may establish Conservation Training Schools and employ
technicians and such other help as may be necessary for the purpose of
teaching conservation methods to employees of the
Department, and such other interested groups as the Department shall
deem necessary or desirable to carry out the provisions and purposes of
this Act.
The Department shall, in order to educate the citizens of this State
in the modern trends of conservation, disseminate
conservation information and the provisions of this Act
through the mediums of lectures, motion pictures, photographs, pictures,
exhibits, radio, news items, pamphlets and other media the Department
may deem suitable for this purpose.
The Department may publish, periodically, a bulletin or magazine
containing information concerning the work of the Department, the
conservation and propagation of wildlife, hunting and fishing, and any
such other information as the Department deems to be of general or
special interest to sportsmen and others affected by any law
administered by the Department. A reasonable charge may be made for each
copy of such publication. All funds derived from the sale of such
publication shall be deposited in the Wildlife and Fish fund in the State
Treasury.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.12) (from Ch. 61, par. 1.12)
Sec. 1.12.
The Department shall use the most modern conservation methods
to manage wildlife on State controlled lands or waters for propagation or
breeding wildlife. The Department may cooperate with any person desirous
of managing wildlife on private lands or waters by (a) furnishing trees,
shrubs, seeds or other materials where deemed necessary or desirable and
(b) providing labor, equipment and technical supervision to plan and assist
the landowner in wildlife habitat development.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.13) (from Ch. 61, par. 1.13)
Sec. 1.13.
The Department is authorized to issue a "Public Hunting Grounds
for Waterfowl" daily usage stamp at a fee not to exceed $10
for duck hunting areas, and not to exceed $15 for Canada goose
hunting areas; and a "Public Hunting Grounds for Pheasants" daily usage
stamp not to exceed $15, such stamp to expire at the end of the day of issue.
Each person shall obtain such a stamp from the Department to be attached
to the permit card
assigned to a person under the provisions of the rules and regulations made
by the Department for the operation of State Public Hunting Grounds.
The Department is authorized to permit hunters to harvest both male and
female hand reared pheasants released on such public hunting grounds.
The Department shall cause an administrative rule, setting
forth the rules
and regulations for the operation of Public Hunting Areas on lands and waters
owned or leased by this State.
(Source: P.A. 87‑126.)
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(520 ILCS 5/1.14) (from Ch. 61, par. 1.14)
Sec. 1.14.
All authorized employees of the Department shall have the power of, and
shall be peace officers in the enforcement of the provisions of this Act,
including administrative rules, and may carry such weapons as may be
necessary to arrest any person resisting arrest.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.15) (from Ch. 61, par. 1.15)
Sec. 1.15.
All authorized employees of the Department, duly accredited officers
of the U. S. Fish and Wildlife Service, and all sheriffs, deputy
sheriffs, and other peace officers shall be empowered to arrest any person detected in
violation of any of the provisions of this Act, including administrative
rules.
All such officers shall make prompt investigation of any violation of
the provisions of this Act, including administrative rules, reported by
any other person, and cause a complaint to be filed before the Circuit
Court having jurisdiction thereof in case there seems just ground for
such complaint and evidence procurable to support the same.
Upon the filing of such complaint, such officers shall render
assistance in the prosecution of the party against whom complaint is
made.
Peace officers, but no employee of the Department, making arrests and
serving warrants provided for by this Act shall receive the fees and
mileage as provided by law for sheriffs.
Each duly accredited officer and authorized employee of the
Department is authorized to execute and serve all warrants and processes
issued by any Circuit Court.
In the performance of their law enforcement duties under this Act,
authorized employees of the Department may operate vehicles owned or leased
by the Department upon a highway, other than an interstate highway, limited
access highway, State highway or any highway within the limits of an
incorporated area, during hours of darkness without lighted headlamps, tail
lamps and clearance lamps, notwithstanding the provisions of Article 12 of
The Illinois Vehicle Code if so operating such vehicles will aid in the
accomplishment of a lawful arrest
for violation of this Act or subsequent administrative rules or in
ascertaining whether a violation of this Act or subsequent administrative
rules has been or is about to be committed and when it will not endanger
the public health, safety and welfare.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.16) (from Ch. 61, par. 1.16)
Sec. 1.16.
All State's Attorneys shall enforce the provisions of this Act,
including administrative rules, in their respective counties, and shall
prosecute all persons charged with violating such provisions, when so
requested by the Department.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.17) (from Ch. 61, par. 1.17)
Sec. 1.17.
All prosecutions provided for by this Act shall be brought before the
Circuit Court for the county within which the offense was committed.
All such prosecutions shall be commenced within 2 years from the time
the offense charged was committed.
(Source: P.A. 82‑965.)
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(520 ILCS 5/1.18) (from Ch. 61, par. 1.18)
Sec. 1.18.
All fines provided for by this Act which are imposed and collected
shall be remitted to the Department, within 30 days after the collection
thereof, by the Clerk of the Circuit Court collecting such fines, who
shall submit at the same time to the Department, a statement of the
names of the persons so fined, the name of the arresting officer, the citation
number, the amount of the fine, and the date of conviction.
(Source: P.A. 81‑382.)
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(520 ILCS 5/1.19) (from Ch. 61, par. 1.19)
Sec. 1.19.
All authorized employees of the Department are empowered, pursuant
to law, to enter all lands and waters to enforce
the provisions of this Act. Authorized employees are further empowered
to examine all buildings,
private or public clubs (except dwellings), fish markets, cold storage
houses, locker plants, camps, vessels, cars (except sealed railroad cars
or other sealed common carrier), conveyances, vehicles, watercraft or
other means of transportation or shipping whatsoever, tents, game bags,
game coats or other receptacles, and to open and examine any box,
barrel, package, or other receptacle in the possession of a common
carrier, which they have reason to believe contains wild birds or any
part thereof (their nests or eggs), or wild mammals or any part thereof,
taken, destroyed, bought, sold or bartered, shipped or held in possession
contrary to any of the provisions of this Act, including administrative
rules, or that the receptacle containing the same is falsely labeled.
All authorized employees of the Department shall be given free access
to and shall not be hindered or interfered with in making such
examination, and any license issued by the Department held by the person
preventing such free access or interfering with or hindering such
authorized employee shall be subject to confiscation by the Department;
and no license or permit of any kind whatsoever shall be issued to such
person for the period of one year thereafter.
Authorized law enforcement employees of the Department are empowered to
conduct examination of equipment and devices in the field, pursuant to law,
to ensure compliance with the provisions of this Act.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.20) (from Ch. 61, par. 1.20)
Sec. 1.20.
The possession of any wild bird or wild mammal protected under this
Act, is prima facie evidence that the same is subject to all the
provisions of this Act, including administrative rules, pertaining to
the taking, possession and disposition thereof.
Whenever the contents of any box, barrel, package, or receptacle
consists partly of contraband and partly of legal species or any part
thereof (their nests or eggs), the entire contents of such box, barrel,
package or other receptacle is subject to confiscation.
Whenever a person has in his or her possession in excess of the
number of wild birds or wild mammals, or parts thereof, permitted under
the provisions of this Act, including administrative rules, the entire
number of wild birds or wild mammals, or parts thereof, in his or her
possession is subject to confiscation.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.21) (from Ch. 61, par. 1.21)
Sec. 1.21.
Whenever any authorized employee of the Department, sheriff, deputy
sheriff or other peace officer of the State shall have reason to believe
that any person, commercial institution, commission house, restaurant or
cafe keeper, has in his or her, or its possession any wild birds or any
part thereof (their nests or eggs), or wild mammals or any part thereof,
contrary to the provisions of this Act, including administrative rules, he
may file, or cause to be filed, his sworn complaint to such effect, before
the Circuit Court and procure a search warrant and execute the same. Upon
the execution of such search warrant, the officer executing same shall make
due return thereof to the court issuing the same, together with an
inventory of all the wild birds or any part thereof (their nests or eggs),
or wild mammals or any part thereof, taken thereunder. The court shall
thereupon issue process against the party owning, controlling or
transporting the wild birds or any part thereof (their nests or eggs), or
wild mammals or any part thereof, seized, and upon the return thereof it
shall proceed to determine whether or not the same were held, possessed, or
transported in violation of this Act, including administrative rules, and
in case of a finding to the effect that the same were illegally held,
possessed, transported or sold, a judgment shall be entered against the
owner or party found in possession of the same for the costs of the
proceeding and providing for the disposition of the property seized, as
provided for by the terms hereof.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.22) (from Ch. 61, par. 1.22)
Sec. 1.22.
It shall be unlawful for any person to resist or obstruct any authorized
employee of the Department or other peace officer in the discharge of his
duties under the provisions hereof.
(Source: P. A. 77‑1781.)
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(520 ILCS 5/1.23) (from Ch. 61, par. 1.23)
Sec. 1.23.
It shall be unlawful for any person to represent himself falsely to be
an authorized employee of the Department, or to assume to act as such
without having been duly appointed and employed as such.
(Source: P. A. 77‑1781.)
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(520 ILCS 5/1.24) (from Ch. 61, par. 1.24)
Sec. 1.24.
Contraband wild birds or any part thereof (their nests or eggs), or wild
mammals or any part thereof, or fur‑bearing mammals or any part thereof
seized and confiscated in accordance with the provisions hereof, shall be
disposed of as directed by the Department.
(Source: P. A. 78‑826.)
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(520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
Sec. 1.25.
Every hunting or trapping device, vehicle or conveyance, when
used or operated illegally, or attempted to be used or operated illegally
by any person in taking, transporting, holding, or conveying any wild bird
or wild mammal, contrary to the provisions of this Act, including administrative
rules, is a public nuisance and subject to seizure and confiscation by
any authorized employee of the Department; upon the seizure of such item
the Department shall take and hold the same until disposed of as hereinafter provided.
Upon the seizure of any property as herein provided, the authorized employee
of the Department making such seizure shall forthwith cause a complaint
to be filed before the Circuit Court and a summons to be issued requiring
the person who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such property to
appear in court and show cause why the property seized should not be forfeited
to the State.
Upon the return of the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the illegality of the
use of the seized property and upon judgment being entered to the effect
that such property was illegally used, an order may be entered providing
for the forfeiture of such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such property may
have a jury determine the illegality of its use, and shall have the right
of an appeal, as in other cases. Such confiscation or forfeiture
shall not preclude or mitigate against prosecution and assessment of penalties
otherwise provided in this Act.
Upon seizure of any property under circumstances supporting a
reasonable belief that such property was abandoned, lost or stolen or
otherwise illegally possessed or used contrary to the provisions of this
Act, except property seized during a search or arrest, and ultimately
returned, destroyed, or otherwise disposed of pursuant to order of a court
in accordance with this Act, the authorized employee of the Department
shall make reasonable inquiry and efforts to identify and notify the owner
or other person entitled to possession thereof, and shall return the
property after such person provides reasonable and satisfactory proof of
his ownership or right to possession and reimburses the Department for all
reasonable expenses of such custody. If the identity or location of the
owner or other person entitled to possession of the property has not been
ascertained within 6 months after the Department obtains such possession,
the Department shall effectuate the sale of the property for cash to the
highest bidder at a public auction. The owner or other person entitled to
possession of such property may claim and recover possession of the
property at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right of possession and
reimbursing the Department for all reasonable expenses of custody thereof.
Any property, including guns, forfeited to the State by court order pursuant
to this Section, may be disposed of by public auction, except
that any property which is the subject of such a court order shall not be
disposed of pending appeal of the order. The proceeds of the sales at auction
shall be deposited in the Wildlife and Fish Fund.
The Department shall pay all costs of notices required by this Section.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.26) (from Ch. 61, par. 1.26)
Sec. 1.26.
Each wild bird or wild mammal, or any part thereof (including the nests
or eggs of wild birds), taken, shipped, offered or received for shipment,
transported, bought, sold, or bartered, or had in possession, and each
green hide of game mammals or fur‑bearing mammals bought, sold, shipped, or
had in possession contrary to the provisions of this Act, including
administrative rules, and each trap, snare, net or other device, including
ferrets, used or attempted to be used, in violation of such provisions
constitutes a separate offense.
(Source: P.A. 85‑152.)
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(520 ILCS 5/1.27) (from Ch. 61, par. 1.27)
Sec. 1.27.
Any person who aids or contributes in any manner
to a violation of this Act, including administrative rules, is
individually liable, as a separate offense under the provisions hereof,
for the penalties imposed against the person who committed the
violation.
(Source: P.A. 85‑1181.)
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(520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
Sec. 1.28.
Fees and fines; deposit in funds.
All fees, fines,
including bond forfeitures, income of whatsoever
kind or nature derived from hunting and fishing activities on lands or waters
or both under the jurisdiction or control of the Department, and all penalties
collected under this Act shall be deposited in the State Treasury and
shall be set apart in a special fund to be known as the "Wildlife and Fish
Fund"; except that fees derived solely from the sale of salmon stamps,
income from art contests for the salmon stamp, including income from the
sale of reprints, and gifts, donations, grants and bequests of money for
the conservation and propagation of salmon shall be deposited in the State
Treasury and set apart in the special fund to be known as the "Salmon
Fund"; and except that fees derived solely from the sale of state migratory
waterfowl stamps, and gifts, donations, grants and bequests of money for
the conservation and propagation of waterfowl shall be deposited in the
special fund to be known as the "State Migratory Waterfowl Stamp Fund";
and except that, of fees derived
solely from the sale of State Habitat Stamps, 64% shall be deposited into the Illinois Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the State Furbearer Fund. Income generated from the sale of
artwork associated with the State Habitat Stamps shall be deposited into
the Illinois Habitat Fund.
All interest that accrues from monies deposited into the Wildlife and
Fish Fund, the Salmon Fund, the State Migratory Waterfowl Stamp Fund, the
State Furbearer Fund, the State Pheasant Fund, and the
Illinois Habitat Fund shall be deposited into those funds, respectively.
Appropriations from the "Wildlife and
Fish Fund" shall be made only to the Department for the carrying out of
the powers and functions vested by law in the Department, including but
not limited to the purchase of land for fish hatcheries, wildlife refuges,
preserves and public shooting and fishing grounds; the purchase and
distribution of wild birds, the eggs of wild birds, and wild mammals for
rescuing, restoring and distributing fish; the maintenance of wildlife
refuges, or preserves, public shooting grounds, public fishing grounds and
fish hatcheries; and the feeding and care of wild birds, wild
animals and fish.
(Source: P.A. 87‑135; 87‑1015.)
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(520 ILCS 5/1.28a) (from Ch. 61, par. 1.28a)
Sec. 1.28a.
The Wildlife and Fish Fund shall also be used for the
purposes set forth in Section 1‑235 of the Fish and Aquatic Life Code.
(Source: P.A. 87‑895.)
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(520 ILCS 5/1.29) (from Ch. 61, par. 1.29)
Sec. 1.29.
Migratory Waterfowl Stamp Fund.
(a) There is hereby created in the State Treasury the State
Migratory Waterfowl Stamp Fund. All fees collected from the sale of
State Migratory Waterfowl Stamps shall be deposited into this Fund. These
moneys shall be appropriated to the Department for the following purposes:
(1) 50% of funds derived from the sale of State | ||
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(2) 25% of funds derived from the sale of State | ||
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(3) 25% of funds derived from the sale of State | ||
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(b) Before turning over any funds under the provisions of
paragraphs (2) and (3) of subsection (a)
the Department shall obtain evidence that the project is
acceptable to the appropriate governmental agency of the Dominion of
Canada or the United States or of one of its Provinces or States having
jurisdiction over the lands and waters affected by the project, and shall
consult those agencies and the State Duck Stamp Committee for approval
before allocating funds.
(c) The State Duck Stamp Committee shall consist of: (1) The State
Waterfowl Biologist, (2) The Chief of the Wildlife
Resources Division or his designee, (3) The Chief of the Land Management
Division or his designee, (4) The Chief of the Technical Services Division
or his designee, and (5) Two or more at large representatives from
statewide waterfowl organizations appointed by the Director. The
Committee's duties shall be to review and recommend all Duck Stamp Projects
and review and recommend all expenditures from the State Migratory
Waterfowl Stamp Fund. The committee shall give due consideration to
waterfowl projects that are readily available to holders of the State
Migratory Waterfowl Stamp, wherever they may live in Illinois.
(Source: P.A. 86‑155; 87‑135.)
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(520 ILCS 5/1.30) (from Ch. 61, par. 1.30)
Sec. 1.30.
The Department has the authority to sell
Federal Migratory Bird Hunting and Conservation Stamps.
The Department may consign, issue or otherwise make
available such stamps for sale by designated agents as
authorized in Section 3.37 of this Act. The income
received from the sale of Federal Migratory Bird Hunting
and Conservation Stamps shall be deposited in the Wildlife
and Fish Fund. Proceeds collected, less administrative fees
so authorized, shall be remitted to the United States Fish
and Wildlife Services.
(Source: P.A. 85‑966.)
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(520 ILCS 5/1.31) (from Ch. 61, par. 1.31)
Sec. 1.31.
Pheasant Fund.
There is created in the
State Treasury the State
Pheasant Fund.
All interest earned on monies in this Fund shall remain in the
fund.
(a) Thirty percent of the money collected from the sale of State Habitat
Stamps, and all interest earned, gifts, donations, grants, and bequests of
money for the
conservation of wild pheasants shall be deposited
into the State Pheasant Fund for
appropriation to the Department for the following purposes:
(1) 50% of funds derived from the sale of State | ||
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(2) 50% of funds derived from the sale of State | ||
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(b) The State Pheasant Committee is created and
shall consist of:
(1) the Chief of the Wildlife
Resources Division or his designee, (2) the Chief of the Land Management
Division or his designee, (3) one representative appointed by the
Director who is from a nonprofit institution, corporation, or university
within the State and is actively engaged in wildlife research pertaining to
game birds, especially pheasants, (4) the Chief of the Technical Services
Division or his designee, and (5) 2 or
more representatives from statewide pheasant organizations,
appointed by the Director. The Committee shall review and recommend all
allocation of funds from the State Pheasant Fund.
(c) At the end of each license accounting period, if 30% of the money
collected from the sale of State Habitat Stamps and deposited into the
State Pheasant Fund is less than $500,000, the Director shall request a
transfer and the State Comptroller
and State Treasurer shall transfer from the Illinois Habitat Fund to the
State Pheasant Fund the amount
necessary to bring the total deposited into the State Pheasant Fund to $500,000.
(Source: P.A. 86‑158; 86‑1028; 87‑135; 87‑1015.)
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(520 ILCS 5/1.32) (from Ch. 61, par. 1.32)
Sec. 1.32.
Distribution of funds; State Furbearer Committee.
(a) There is created within the State Treasury the State
Furbearer
Fund.
All interest earned on monies in this Fund shall remain in the fund. Six
percent of the money collected from the sale of State Habitat Stamps, and
all interest earned, gifts, donations, grants, and bequests of money for
the conservation of
furbearing mammals shall be
deposited into the State Furbearer Fund and shall be held
separate and apart from the
general fund. These monies shall be appropriated to the
Department for the following purposes:
(1) 10% of all funds derived from the sale of State | ||
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(2) 45% of all funds derived from the sale of State | ||
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(3) 45% of all funds derived from the sale of State | ||
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All allocations and accounting of moneys in the State Furbearer Fund,
including all expenditures previously incurred, shall be allocated according to the
percentages established by this amendatory Act of 1992.
(b) The State Furbearer Committee shall consist of: (1) the
State Furbearer Biologist, (2) the Chief of the Division of Wildlife
Resources or his designee, (3) the Chief of the Division of Land Management
or his designee, (4) one representative appointed by the Director who is
from a nonprofit institution, corporation or university within the State
and is actively engaged in wildlife research pertaining to game or
fur‑bearing mammals, and (5) at least 2, but not more than 3, at large representatives
from statewide fur‑bearing mammal hunting and trapping organizations
appointed by the Director. The Committee's duties shall be to review and
recommend all State Furbearer Projects, and to review and recommend all
expenditures from the State Furbearer Fund.
(c) At the end of each license accounting period, if 6% of the money
collected from the sale of State Habitat Stamps and deposited into the
State Furbearer Fund is less than $100,000, the Director shall request a
transfer and the State Comptroller and State Treasurer shall transfer
from the Illinois Habitat Fund to the State Furbearer Fund the amount
necessary to bring the total deposited into the State Furbearer Fund to $100,000.
(Source: P.A. 86‑159; 86‑1028; 87‑135; 87‑1015.)
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(520 ILCS 5/2.1) (from Ch. 61, par. 2.1)
Sec. 2.1.
The ownership of and title to all wild birds and wild mammals
within the jurisdiction of the State are hereby declared to be in the
State, and no wild birds or wild mammals shall be taken or killed, in any
manner or at any time, unless the person or persons so taking or killing
the same shall consent that the title thereto shall be and remain in the
State for the purpose of regulating the taking, killing, possession, use,
sale and transportation thereof, after such taking or killing, as
hereinafter set forth. The taking or killing of wild birds or wild mammals
at any time, in any manner, and by any person, shall be deemed a consent on
the part of such person that the title to such wild birds or wild mammals
shall remain in the State for the purpose of regulating the possession,
use, sale and transportation thereof.
The regulation and licensing of the taking of wildlife in Illinois are
exclusive powers and functions of the State. A home rule unit may not
regulate or license the taking of wildlife. This Section is a denial and
limitation of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 87‑296.)
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(520 ILCS 5/2.2) (from Ch. 61, par. 2.2)
Sec. 2.2.
This Act shall apply only to the wild birds and parts of
wild birds (their nests and eggs), and wild mammals and parts
of wild mammals, which shall include their green hides, in the State of
Illinois, or which may be brought into the State, that are hereby defined
as follows:
All birds, both game and non‑game (except the House Sparrow, Passer
domesticus; European Starling, Sturnus vulgaris; and Rock Dove or Domestic
Pigeon, Columba livia). GAME BIRDS‑Ruffed grouse, Bonasa umbellus;
Sharp‑tailed grouse, Pediocetes phasianellus; Bobwhite quail, Colinus
virginianus; Hungarian Partridge, Perdix perdix; Chukar Partridge,
Alectoris graeca; Ring‑necked Pheasant, Phasianus colchicus; Greater
Prairie Chicken, Tympanuchus cupido; Wild Turkey, Meleagris gallopavo.
MIGRATORY GAME BIRDS‑Waterfowl including brant, wild ducks, geese and
swans, Anatidae; rails, gallinules and coots, Rallidae; snipe, Gallinago
gallinago; woodcock, Scolopax minor; pigeons, including doves and wild
pigeons (except domestic pigeons), Columbidae; and crows, Corvidae.
RESIDENT AND MIGRATORY NON‑GAME BIRDS‑Loons, Gaviidae; grebes,
Podicipedidae; pelicans, Pelecanidae; cormorants, Phalacrocoracidae;
herons, bitterns and egrets, Ardeidae; ibises and spoonbills,
Threskiornithidae; storks, Ciconiidae; vultures, Carthartidae; kites, hawks
and eagles, Accipitridae; ospreys, Pandionidae; falcons, including the
Peregrine Falcon, Falconidae; cranes, Gruidae; rails and gallinules,
Rallidae; all shorebirds of the families Charadriidae, Scolopacidae,
Recurvirostridae and Phalaropodidae; jaegers, Stercorariidae; gulls and
terns, Laridae; cuckoos, Cuculidae; owls, Tytonidae and Strigidae;
whip‑poor‑wills and nighthawks, Caprimulgidae; swifts, Apodidae;
hummingbirds, Trochilidae, Kingfishers, Alcedinidae; woodpeckers, Picidae;
kingbirds and flycatchers, Tyrannidae; larks, Alaudidae; swallows and
martins, Hirundinidae; crows, magpies and jays, Corvidae; chickadees and
titmice, Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens,
Troglodytidae; mockingbirds, catbirds and thrashers, Mimidae; robins,
bluebirds and thrushes, Turdidae; gnatcatchers and kinglets, Sylviidae;
pipits, Motacillidae; waxwings, Bombycillidae; shrikes, Laniidae; vireos,
Vireonidae; warblers, Parulidae; European Tree Sparrow, Passer montanus;
blackbirds, meadowlarks and orioles, Icteridae; tanagers, thraupidae;
cardinals, grosbeaks, finches, towhees, dickcissels, sparrows, juncos,
buntings and longspurs, Fringillidae. GAME MAMMALS‑Woodchuck, Marmota
monax; Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus niger;
White‑tailed jackrabbit, Lepus townsendii; Eastern cottontail, Sylvilagus
floridanus; Swamp rabbit, Sylvilagus aquaticus; White‑tailed deer,
Odocoileus virginianus. FUR‑BEARING MAMMALS‑Muskrat, Ondatra zibethicus;
Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum, Didelphis
marsupialis; Least weasel, Mustela rixosa; Long‑tailed weasel, Mustela
frenata; Mink, Mustela vison; River otter, Lutra canadensis; Striped skunk,
Mephitis mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray fox,
Urocyon cineraoargenteus; Coyote, Canis latrans; Bobcat, Lynx rufus. OTHER
MAMMALS‑Flying squirrel, Glaucomys volans; Red squirrel, Tamiasciurus
hudsonicus; Eastern Woodrat, Neotoma floridana; Golden Mouse, Ochrotomys
nuttalli; Rice Rat, Oryzomys palustris; Bats, Vespertilionidae.
It shall be unlawful for any person at any time to take, possess, sell,
or offer for sale, any of these wild birds (dead or alive) and parts of
wild birds (including their nests and eggs), wild mammals (dead or alive)
and parts of wild mammals, including their green hides contrary to the
provisions of this Act. However, nothing in this Act shall prohibit
bona‑fide public or state scientific, educational or zoological
institutions from receiving, holding and displaying wildlife specimens that
were salvaged or legally obtained.
It shall be unlawful for any person to bring into the State of Illinois
for the purpose of holding, releasing, propagating or selling any other
living wild animal not covered by this Act without first obtaining a permit
from the Director. The permit shall be granted only upon satisfactory proof
that the specific animals intended to be imported are free of communicable
disease at the time of importation, will not become a nuisance, and will
not cause damage to any existing wild or domestic species. Application for
this permit shall be filed with the Director not less than 30 days in
advance of the proposed date of importation. The Director may incorporate
in the permit any restrictions as he may deem appropriate. These
provisions shall not apply to any animal imported into this State for the
purpose of being confined and exhibited in any zoo or other public display
of animals nor to any other animals or groups of animals that the
Department of Natural Resources may exempt by
administrative rule.
It shall be unlawful for any person to take any other living wild
animal not covered by this Act without the permission of the landowner
or tenant.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(520 ILCS 5/2.3) (from Ch. 61, par. 2.3)
Sec. 2.3.
Release of Wildlife ‑ Permission.
It shall be unlawful to
release from captivity any live species protected by this Act, except as
provided in Sections 2.34, 3.23 and
3.29, anywhere in this State without first securing permission of the
Department to do so.
(Source: P.A. 84‑150.)
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(520 ILCS 5/2.4) (from Ch. 61, par. 2.4)
Sec. 2.4.
The term birds of prey shall include all species of owls,
falcons, hawks, kites, harriers, ospreys and eagles. It shall be unlawful
for any person, organization or institution to take or possess a bird of
prey (raptor) without first obtaining a license or appropriate permit from
the Department. All applicants must be at least 14 years of age.
Regulations for the capture, use, possession and transportation of birds of
prey for falconry or captive propagation purposes are provided by
administrative rule. The fee for a falconry license is $75 for 3 years and
must be renewed every 3 years. The fee for a captive propagation permit is
$75 for 3 years and must be renewed every 3 years. The fee for a raptor
capture permit for a resident of the State of Illinois is $30 per year.
The fee for a non‑resident raptor capture permit is $50 per year. A
Scientific Collectors Permit, available at no charge to qualified
individuals as provided in Section 3.22 of this Act, may be obtained from
the Department for scientific, educational or zoological purposes. No
person may have in their possession Bald Eagle, Haliaeetus leucocephalus;
Osprey, Pandion haliaeetus; or Barn Owl, Tyto alba. All captive‑held birds
of prey must be permanently marked as provided by administrative rule. The
use of birds of prey for the hunting of game birds, migratory birds, game
mammals, and furbearing mammals shall be lawful during falconry seasons,
which shall be set by administrative rule.
(Source: P.A. 86‑1046; 87‑298.)
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(520 ILCS 5/2.6) (from Ch. 61, par. 2.6)
Sec. 2.6.
Pheasant season; limits.
It shall be unlawful for any person to take cock pheasants except with
shotgun or bow and arrow during the open season which will be set annually
by the Director between the dates of October 15‑‑January 31st, both
inclusive. Dogs may be used in hunting with either shotgun or bow and arrow.
It shall be unlawful to take or possess more than the daily limit and
possession limit of cock pheasants. The daily and possession limits for
cock pheasants shall be set annually by the Director of the Department and
shall not exceed a daily limit of 3 and a possession limit of 6, except as
provided by Sections 1.13, 3.27 and 3.28 of this Act.
It is unlawful to remove plumage of pheasants in the field or while being
transported from the field to one's home or to a commercial preservation
facility.
It shall be unlawful to take or possess hen pheasants at any time,
except as provided in Section 2.4, 3.23 or 3.27.
The provisions of this Section are subject to modification by
administrative rule.
(Source: P.A. 90‑225, eff. 7‑25‑97.)
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(520 ILCS 5/2.7) (from Ch. 61, par. 2.7)
Sec. 2.7.
It shall be unlawful for any person to take quail except with
shotgun, or bow and arrow, and only during the open season which will be
set annually by the Director between the dates of October 15th ‑ January
31st, both inclusive. Dogs may be used in hunting with either shotgun or
bow and arrow.
It shall be unlawful to take or possess more than the daily limit and
possession limit of bobwhite quail that shall be set annually by the
Director of the Department which cannot exceed a daily take limit of 10 and
a possession limit of 20.
The provisions of this Section are subject to modification by
administrative rule.
(Source: P.A. 85‑1209.)
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(520 ILCS 5/2.8) (from Ch. 61, par. 2.8)
Sec. 2.8.
It is unlawful for any person to take ruffed, sharp‑tailed, and
pinnated grouse (prairie chicken) in this State at any time.
(Source: P.A. 81‑382.)
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(520 ILCS 5/2.9) (from Ch. 61, par. 2.9)
Sec. 2.9.
It shall be unlawful for any person to take or possess wild turkey
unless they
are taken or possessed in compliance with Sections
2.10 and 2.11 and any administrative rules issued pursuant to the
provisions of such Sections.
(Source: P.A. 85‑152.)
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(520 ILCS 5/2.10) (from Ch. 61, par. 2.10)
Sec. 2.10.
The Department may, on an annual basis, establish a spring
wild turkey open season within the period beginning on March 1
and running
through May 31, and a fall wild turkey season within the period
beginning
on October 1 and running through January 31. It shall be unlawful for any
person to take wild turkey without possessing a valid "Wild Turkey Hunting
Permit". Persons holding a spring permit may take female wild turkeys with
visible beards or male wild turkeys during the spring open season. Persons
holding a fall permit may take turkeys of either sex during the fall open
season. The Department shall cause notice of administrative rules setting
forth the prescribed rules and regulations, including those counties of the
State where open seasons are established, to be given in accordance with
Sections 1.3 and 1.13.
(Source: P.A. 89‑341, eff. 8‑17‑95.)
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(b) resident tenants of at least 40 acres of | ||
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(c) bona fide equity shareholders of a corporation, | ||
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The turkey hunting permit issued without fee shall be valid on all lands
upon which the person to whom it is issued owns, leases or rents, except
that in the case of a permit issued without charge to a shareholder of a
corporation, the permit shall be valid on all lands owned by the
corporation in the county.
The Department may by administrative rule allocate and issue non‑resident
Wild Turkey Permits and establish fees for such permits.
It shall be unlawful to take wild turkey except by use of a bow and arrow
or a shotgun of not larger than 10 nor smaller than 20 gauge with shot
size not larger than No. 4, and no person while attempting to so take
wild turkey may have in his possession any other gun.
It shall be unlawful to take, or attempt to take wild turkey except
during the time from 1/2 hour before sunrise to 1/2 hour after sunset or during
such lesser period of time as may be specified by administrative rule,
during those days for which an open season is established.
It shall be unlawful for any person to take, or attempt to take, wild
turkey by use of dogs, horses, automobiles, aircraft or other vehicles,
or conveyances, or by the use of bait of any kind.
It is unlawful for any person to take in Illinois or have in his possession
more than one wild turkey per valid permit. For purposes of this Section "bona fide equity shareholder", "bona fide equity member", and "bona fide equity partner" shall have the same meaning as provided in Section 2.26 of this Act.
(Source: P.A. 94‑753, eff. 5‑10‑06.)
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(520 ILCS 5/2.13) (from Ch. 61, par. 2.13)
Sec. 2.13.
It shall be unlawful for any person to take Hungarian
partridge except with shotgun, or bow and
arrow, during the open season which will be set annually by the Director
between the dates of October 15th ‑ January 31st,
both inclusive.
It shall be unlawful to take or possess more than the daily limit and possession
limit of Hungarian partridge that will be set annually by the Director of
the Department which cannot exceed a daily take limit of 6 and a possession
limit of 12. Dogs may be used in hunting with either gun or bow and arrow.
(Source: P.A. 81‑382.)
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(520 ILCS 5/2.15) (from Ch. 61, par. 2.15)
Sec. 2.15.
It shall be unlawful for any person to possess at any time any net or
trap for the purpose of netting or trapping any of the game birds defined
by this Act.
(Source: P. A. 77‑1781.)
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(520 ILCS 5/2.16) (from Ch. 61, par. 2.16)
Sec. 2.16.
It shall be unlawful to sell or barter, or offer to sell or barter, buy
or barter, or offer to buy or barter any of the game birds defined in
this Act, whether taken in this State or in some other state and
imported into Illinois, except as provided in Sections 3.23, 3.24, and
3.27 of this Act.
(Source: P.A. 81‑382.)
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(520 ILCS 5/2.18) (from Ch. 61, par. 2.18)
Sec. 2.18.
It shall be unlawful to take, possess, transport or use migratory game
birds except during such periods of time, and only in such manner and
numbers, as may be permitted pursuant to the Federal "Migratory Bird
Treaty Act", and the "Migratory Bird Hunting Stamp Act", and further as
permitted by this Act and State regulations made pursuant to this Act.
The Director shall give due notice of any regulations, or any
administrative rule, issued pursuant to said "Migratory Bird Treaty
Act" and observe the provisions thereof in the enforcement of this Act.
(Source: P.A. 85‑152.)
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(520 ILCS 5/2.18‑1) (from Ch. 61, par. 2.18‑1)
Sec. 2.18‑1.
(a) It shall be lawful for any person who holds the licenses,
permits and stamps required by this Act for the taking of migratory waterfowl
to use, in addition to or in lieu of any other authorized ammunition, either
lead or steel shotgun pellets in taking such waterfowl at any location in
the State where the hunting of migratory waterfowl is authorized,
except as provided under subsection (b) of this Section and at specific
sites where there are documented cases of lead poisoning
of waterfowl and all alternative methods of alleviating lead poisoning (such
as dewatering, flooding and/or tillage) have been determined to be unsuccessful
in preventing lead poisoning losses of waterfowl. At such specific sites,
shot shell ammunition containing non‑toxic pellets, such as steel, shall
be used. These specific sites may be designated
by the Department after statewide public hearings have been conducted and
the results of such hearings have been reviewed.
(b) The Department shall be authorized to designate by rule,
pursuant to the Illinois Administrative Procedure Act, areas that shall be
limited to the use of non‑toxic
pellets; provided, however, that such authorization shall only exist for
those areas which the federal government has mandated shall be closed to
all waterfowl hunting unless the State agrees to the prohibition of the use
of toxic shotgun pellets.
No State agency shall issue or make any rule, regulation, order or agreement
which is in conflict with this Section.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(520 ILCS 5/2.19) (from Ch. 61, par. 2.19)
Sec. 2.19.
It shall be unlawful to use a floating blind for the
taking of migratory waterfowl, as permitted by this Act, unless such
blind is anchored in a stationary position when in use. This does not
prohibit the use of a scull boat in taking migratory waterfowl except where
use of a scull boat is prohibited by Administrative Rule. A scull boat
is defined as a boat
propelled by means of an oar fixed in a notch in the transom of a boat
and worked in a turning or sculling motion.
A floating blind is defined as any watercraft or floating structure that
is camouflaged, disguised, or altered in appearance to offer a place of
concealment and is capable of carrying a person. Such floating blind may
be mechanically powered as long as such power is used only for movement
to and from the place of hunting and no attempt is made to hunt during such movement.
(Source: P.A. 85‑152.)
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(520 ILCS 5/2.20) (from Ch. 61, par. 2.20)
Sec. 2.20.
It shall be unlawful to take waterfowl or any species of wildlife in
any area managed by the Department unless those species are
taken in compliance with the rules and regulations established by the
Department of which notice is given in accordance with Section 1.13.
(Source: P.A. 81‑382.)
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(520 ILCS 5/2.23) (from Ch. 61, par. 2.23)
Sec. 2.23.
It is unlawful for any person to take any species of
waterfowl protected by this Act on the Horseshoe Lake Waterfowl Refuge, and
those areas adjacent within the tract of land hereinafter described, or on
the Marion‑Pickerell Waterfowl Refuge, as hereinafter described, or any
species of wildlife except as authorized by administrative rule or nuisance
animal removal permit under Department supervision.
(1) Horseshoe Lake Waterfowl Management Area:
Beginning at the intersection of State Highway No. 3 and | ||
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(2) Marion‑Pickerell Wildlife Refuge:
TRACT 1: The West fractional part of the Southwest | ||
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TRACT 2: The West fractional part of the Northwest | ||
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TRACT 3: The West fractional part of the South Half of | ||
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TRACT 4: The South Half of the Southeast Quarter, and | ||
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TRACT 5: The Southwest Quarter of the Northeast Quarter | ||
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TRACT 6. The North Half of the Northeast Quarter of | ||
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TRACT 7. All that part of the West fractional part of | ||
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It shall be unlawful to take any species of wildlife on any property
named as a wildlife refuge by the Department or on other Department
management areas except as provided by Section 2.25 and Administrative Rules.
(Source: P.A. 86‑388; 87‑1015.)
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(520 ILCS 5/2.24) (from Ch. 61, par. 2.24)
Sec. 2.24.
It shall be unlawful to take or possess deer in this State,
except in compliance with the provisions of Sections 2.25,
2.26, and 3.23 and the administrative rules issued under the provisions of
those Sections. It is unlawful for any person to knowingly take
any all‑white whitetail deer (Odocoileus virginianus) in this
State at any time.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(b) resident tenants of at least 40 acres of | ||
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(c) Bona fide equity shareholders of a corporation, | ||
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Bona fide landowners or tenants who do not wish to hunt only on the land
they own, rent, or lease or bona fide equity shareholders, bona fide
equity
members, or bona fide equity partners who do not wish to hunt
only on the
land owned by the corporation, limited liability company, or partnership
shall be
charged the same fee as the
applicant who is not a landowner, tenant, bona fide equity
shareholder,
bona fide equity member, or bona fide equity partner. Nonresidents
of
Illinois who own at least 40 acres of land and wish to hunt on their land only
shall be charged a fee set by administrative rule. The method for
obtaining these permits shall be prescribed by administrative rule.
The deer hunting permit issued without fee shall be valid on
all farm lands which the person to whom it is issued owns, leases or rents,
except that in the case of a permit issued to a bona fide equity
shareholder, bona fide equity member, or bona fide equity partner, the
permit shall
be valid on all lands owned by the corporation, limited liability
company, or partnership in the county.
The standards and specifications for use of guns and bow and arrow for
deer hunting shall be established by administrative rule.
No person may have in his possession any firearm not authorized by
administrative rule for a specific hunting season when taking deer.
Persons having a firearm deer hunting permit shall be permitted to
take deer only during the period from 1/2 hour before sunrise to
sunset, and only during those days for which an open season is
established for the taking of deer by use of shotgun, handgun, or muzzle
loading
rifle.
Persons having an archery deer hunting permit shall be permitted to
take deer only during the period from 1/2 hour before sunrise to 1/2 hour
after sunset, and only during those days for which an open season is
established for the taking of deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use of dogs,
horses, automobiles, aircraft or other vehicles, or by the use of salt
or bait of any kind. An area is considered as baited during the presence
of and for 10 consecutive days following the removal of bait. Nothing in this Section shall prohibit the use of a dog to track wounded deer. Any person using a dog for tracking wounded deer must maintain physical control of the dog at all times by means of a maximum 50 foot lead attached to the dog's collar or harness. Tracking wounded deer is permissible at night, but at no time outside of legal deer hunting hours or seasons shall any person handling or accompanying a dog being used for tracking wounded deer be in possession of any firearm or archery device. Persons tracking wounded deer with a dog during the firearm deer seasons shall wear blaze orange as required. Dog handlers tracking wounded deer with a dog are exempt from hunting license and deer permit requirements so long as they are accompanied by the licensed deer hunter who wounded the deer.
It shall be unlawful to possess or transport any wild deer which has
been injured or killed in any manner upon a public highway or public
right‑of‑way of this State unless exempted by administrative rule.
Persons hunting deer must have gun unloaded and no bow and arrow
device shall be carried with the arrow in the nocked position during
hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the legal limit of
deer by gun, to further participate with gun in any deer hunting party.
It shall be unlawful for any person, having taken the legal limit
of deer by bow and arrow, to further participate with bow and arrow in any
deer hunting party.
The Department may prohibit upland game hunting during the gun deer
season by administrative rule.
The Department shall not limit the number of non‑resident either sex archery deer hunting permits to less than 20,000.
It shall be legal for handicapped persons, as defined in Section 2.33, to
utilize a crossbow device, as defined in Department rules, to take deer.
Any person who violates any of the provisions of this Section,
including administrative rules, shall be guilty of a Class B misdemeanor.
(Source: P.A. 93‑554, eff. 8‑20‑03; 93‑807, eff. 7‑24‑04; 93‑823, eff. 1‑1‑05; 94‑10, eff. 6‑7‑05.)
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(520 ILCS 5/2.27) (from Ch. 61, par. 2.27)
Sec. 2.27.
It shall be unlawful for any person to take cottontail, jack
and swamp rabbits except with a gun or bow and arrow during the open season
which will be set annually by the Director between the dates of October
1st to January 31st, both inclusive. Dogs may be used in hunting with either
gun or bow and arrow.
It shall be unlawful to take or possess more than the daily take limit
and possession limit of rabbits that will be set annually by the Director.
Limits cannot exceed a daily take limit of 5 rabbits or a possession limit
of 10 rabbits.
The provisions of this Section are subject to modification by administrative
rule.
(Source: P.A. 85‑152.)
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(520 ILCS 5/2.28) (from Ch. 61, par. 2.28)
Sec. 2.28.
It shall be unlawful for any person to take fox squirrels and
gray squirrels except with a gun or bow and arrow during the open season
which will be set annually by the Director between the dates of May 1st
to February 28. Dogs may be used in hunting with gun or
bow and arrow.
It is unlawful for any person to take white squirrels or red squirrels
(Tamiasciurus
hudsonicus) in this State at any time.
It shall be unlawful to take or possess more than the daily take limit
and possession limit of squirrels that will be set annually by the Director.
Limits cannot exceed a daily take limit of 5 squirrels or a possession limit
of 10 squirrels.
For the purpose of taking squirrels, the State may be divided into management
zones by administrative rule.
The provisions of this Section are subject to modification provided by
administrative rule.
(Source: P.A. 89‑341, eff. 8‑17‑95.)
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(520 ILCS 5/2.29) (from Ch. 61, par. 2.29)
Sec. 2.29.
It shall be unlawful to sell or barter, or offer to sell or
barter, buy or barter, or offer to buy or barter, any of the game
mammals defined by this Act, whether taken in this State or in some
other state and imported into this State, except as provided under
Sections 2.36, 3.23 and 3.24 of this Act.
(Source: P.A. 81‑382.)
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(520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
Sec. 2.30.
It shall be unlawful for any person to trap or to hunt
with gun, dog, dog and gun, or bow and arrow, gray fox, red fox,
raccoon, weasel, mink, muskrat, badger, and opossum except during
the open season which will be set annually by the Director between 12:01
a.m., November 1 to 12:00 midnight, February 15, both inclusive.
It is unlawful for any person to take bobcat or river otter
in this State at any time.
It is unlawful to pursue any fur‑bearing mammal with a dog or dogs
between the hours of sunset and sunrise during the 10 day period
preceding the opening date of the raccoon hunting season and the 10 day
period following the closing date of the raccoon hunting season except
that the Department may issue field trial permits in accordance with Section
2.34 of this Act. A non‑resident from a state with more restrictive
fur‑bearer pursuit regulations for any particular species than provided for
that species in this Act may not pursue that species in Illinois except
during the period of time that Illinois residents are allowed to pursue
that species in the non‑resident's state of residence. Fenced fox hound
training enclosures approved by the Department shall be exempt from the
provisions of this Section.
It shall be unlawful to take beaver, weasel, mink or muskrat except during
the open season set annually by the Director, and then, only with traps.
It shall be unlawful for any person to trap beaver with traps except during
the open season which will be set annually by the Director between 12:01
a.m., November 1st and 12:00 midnight, March 31.
Coyote may be taken by trapping methods only during the period from
September 1 to March 1, both inclusive, and by hunting methods at any time.
Striped skunk may be taken by trapping methods only during the period
from September 1 to March 1, both inclusive, and by hunting methods at
any time.
For the purpose of taking fur‑bearing mammals, the State may be
divided into management zones by administrative rule.
The provisions of this Section are subject to modification by
administrative rule.
(Source: P.A. 89‑341, eff. 8‑17‑95.)
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(520 ILCS 5/2.31) (from Ch. 61, par. 2.31)
Sec. 2.31.
It shall be unlawful for any person to take or attempt to take wild
birds or wild mammals along, upon, across, or from any public right‑of‑way
or highway in this State.
(Source: P. A. 77‑1781.)
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(520 ILCS 5/2.32) (from Ch. 61, par. 2.32)
Sec. 2.32.
It shall be unlawful for any person at any time to molest, destroy or
attempt to destroy any feed bed, nest, den, house or other cavity of any of the
wild mammals protected by this Act except as provided in Section 2.37.
For the purpose of this Act, a feed
bed is defined as a mound, pile or mat of branches, cattails or other vegetation
gathered and piled by muskrats or beaver.
(Source: P.A. 85‑152.)
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(520 ILCS 5/2.33‑1) (from Ch. 61, par. 2.33‑1)
Sec. 2.33‑1.
Notwithstanding any other provision of this
Act, no person shall place, carry, possess or transport a
shotgun on a boat of any type in an area under the jurisdiction
of the Department of Natural Resources during the period
February 1 to May 31, both inclusive, except persons having a valid
unfilled turkey permit or licensed or eligible hunters legally hunting
wildlife in season.
No State agency shall issue or make any rule, regulation, order
or agreement which is in conflict with this Section.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
Sec. 2.33a.
(a) It is unlawful to fail to visit and remove all animals
from traps staked out, set, used, tended, placed or maintained at least
once each calendar day.
(b) It is unlawful for any person to place, set, use, or maintain a
leghold trap or one of similar construction on land, that has a jaw spread
of larger than 6 1/2 inches (16.6 CM), or a body‑gripping trap or one of
similar construction having a jaw spread larger than 7 inches (17.8 CM) on
a side if square and 8 inches (20.4 CM) if round;
(c) It is unlawful for any person to place, set, use, or maintain a
leghold trap or one of similar construction in water, that has a jaw spread
of larger than 7 1/2 inches (19.1 CM), or a body‑gripping trap or one of
similar construction having a jaw spread larger than 10 inches (25.4 CM) on
a side if square and 12 inches (30.5 CM) if round;
(d) It is unlawful to use any trap with saw‑toothed, spiked, or toothed jaws;
(e) It is unlawful to destroy, disturb or in any manner interfere with
dams, lodges, burrows or feed beds of beaver while trapping for beaver or
to set a trap inside a muskrat house or beaver lodge, except that this shall
not apply to Drainage Districts who are acting pursuant to the provisions
of Section 2.37;
(f) It is unlawful to trap beaver with: (1) a leghold trap or one of similar
construction having a jaw spread of less than 5 1/2 inches (13.9 CM) or
more than 7 1/2 inches (19.1 CM), or (2) a body‑gripping trap or one of
similar construction having a jaw spread of less than 7 inches (17.7 CM) or
more than 10 inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if
round, except that these restrictions shall not apply during
the open season for trapping muskrats;
(g) It is unlawful to set traps closer than 10 feet (3.05 M) from any
hole or den which may be occupied by a game mammal or fur‑bearing mammal
except that this restriction shall not apply to water sets.
(h) It is unlawful to trap or attempt to trap any fur‑bearing mammal
with any colony, cage, box, or stove‑pipe trap designed to take more than one
mammal at a single setting.
(i) It is unlawful for any person to set or place any trap designed to
take any fur‑bearing mammal protected by this Act during the closed
trapping season. Proof that any trap was placed during the closed trapping
season shall be deemed prima facie evidence of a violation of this provision.
(j) It is unlawful to place, set, or maintain any leghold trap or one of
similar construction within thirty (30) feet (9.14 m) of bait placed in
such a manner or position that it is not completely covered and concealed
from sight, except that this shall not apply to underwater sets. Bait shall
mean and include any bait composed of mammal, bird, or fish flesh, fur,
hide, entrails or feathers.
(k) It shall be unlawful for hunters or trappers to have the green hides
of fur‑bearing mammals, protected by this Act, in their possession except
during the open season and for an additional period of 10 days succeeding
such open season.
(l) It is unlawful for any person to place, set, use or maintain a
snare trap or one of similar construction in water, that has a loop
diameter exceeding 15 inches (38.1 CM) or a cable or wire diameter of more
than 1/8 inch (3.2 MM) or less than 5/64 inch (2.0 MM), that is constructed
of stainless steel metal cable or wire, and that does not have a mechanical
lock, anchor swivel and stop device to prevent the mechanical lock from
closing the noose loop to a diameter of less than 2 1/2 inches (6.4 CM).
(Source: P.A. 85‑152; 86‑1354.)
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(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
Sec. 2.34.
Dog Trials.
(a) Dogs of any breed may be trained the year round in accordance with the
provisions of this Act.
(b) During the periods of time when it is unlawful to take species protected
by this Act, the only firearms which shall be used in the training of
dogs from sunrise to sunset shall be pistols with blank cartridges. No
other gun or ammunition may be in immediate possession during this time.
No person or persons in, along with, or accompanying the dog training
party, shall be in possession of any firearm or live ammunition, except
pistols capable of firing only blank cartridges during the hours from
sunset to sunrise. All organized field trials or training grounds approved by
the Department shall be exempt from this provision.
(c) No field trial shall be held without a permit from the
Department.
The following Department areas shall be designated as horseback field
trial sites; Lee County Conservation Area, Des Plaines Conservation Area,
Moraine View State Park, Middle Fork Fish and Wildlife Area, Hamilton
County Conservation Area, and Wayne Fitzgerrell State Park. The Department
shall provide and maintain quality wildlife habitat on these sites.
Field trials shall be scheduled only from September 1 through April 30
in the Northern Zone and September 1 through April 15 in the Southern Zone.
The Department maintains the authority to schedule and administer field
trials. The boundary between the Northern Zone and the Southern
Zone shall be U.S. Route 36. However, (i) if the opening date of the field
trial season falls on Sunday, the season will begin on Saturday of that
weekend; and (ii) if the closing date of the field trial season falls on
Saturday, the season will conclude on Sunday of that weekend; and (iii) if
during the final days of the field trial season a field trial organization
begins a field trial which is subsequently interrupted due to inclement
weather, the field trial organization may complete the trial, subject to the
Department's approval, even though the field trial season has ended. The field
trial organization must complete the trial on the first possible day or days.
Field trials for the retrieving breeds are exempt from these field trials
season provisions and shall have no closed season.
The fee for field trials shall be established by the Department by rule.
(d) The Department is authorized to designate dog training
areas and to grant permits for all field trials including those field
trials where game birds reared under Section 3.23 are released and taken
in accordance with the rules and regulations set forth by the
Department. Applications for permits for such trials and training areas
shall be accompanied by detailed information as to the date and the location of
the grounds where such trial area or training grounds is located. Applicants
for field trial or dog training permits must have the consent of the
landowner prior to applying for such permit. Fees and other regulations
will be set by administrative rule.
(e) All permits for designated dog training areas shall expire March 31st of
each year.
(f) Permit holders for designated dog training areas must possess a wild
game breeder's permit or a game breeding and hunting preserve area permit and
may utilize live bird recall devices on such areas.
(g) Nothing shall prevent an individual from using a dog in the taking of
squirrel during the open season.
(h) All hand reared game released and shot at field trials shall
be properly identified with tags as provided for by this Act and such
birds shall be banded before they are removed from the field trial area.
(Source: P.A. 86‑920; 87‑1051.)
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(520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
Sec. 2.35.
(a) Migratory game birds, or any part or parts thereof, may be
possessed only in accordance with the regulations of the Federal
Government.
(b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28 and
3.30 it is unlawful to possess wild game birds or wild game mammals or any
parts thereof in excess of the legally established daily limit or possession
limit, whichever applies.
(c) Except as provided
in Sections 3.11, 3.12, 3.15, 3.18, 3.21 and 3.25, it is unlawful to
have in possession the green hides of fur‑bearing mammals during the period
within which it is unlawful to take such fur‑bearing mammals in the State
where taken, except during the open season provided and for an additional
20 days next succeeding such open season.
(d) Failure to establish proof of
the legality of the possession in another state or country and of
importation into the State of Illinois, shall be prima facie evidence that
migratory game birds and game birds or any parts thereof,
and fur‑bearing mammals or any parts thereof, were taken within the State
of Illinois.
(e) For all those species to which a daily or possession limit
shall apply, each hunter shall maintain his bag of such species separately
and distinctly from those of all other hunters.
(f) No person shall
receive or have in custody any protected species
belonging to another person, except in the personal abodes of the donor or
donee, unless such protected species are tagged with the hunter's name, his
address, the total number of species, and the date such species were taken.
(Source: P.A. 88‑416; 89‑341, eff. 8‑17‑95.)
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(520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
Sec. 2.36.
It shall be unlawful to buy, sell or barter, or offer to buy,
sell or
barter, and for a commercial institution, other than a regularly
operated refrigerated storage establishment, to have in its possession
any of the wild birds, or any part thereof (and their eggs), or wild
mammals or any parts thereof, protected by this Act unless
done as hereinafter provided:
Game birds or any parts thereof (and their eggs), may be held,
possessed, raised and sold, or otherwise dealt with, as provided in
Section 3.23 of this Act or when legally produced under similar special
permit in another state or country and legally transported into the
State of Illinois; provided that such imported game birds or any parts
thereof, shall be marked with permanent irremovable tags, or similar
devices, to establish and retain their origin and identity;
Rabbits may be legally taken and possessed as provided in Sections
3.23 and 3.24 of this Act;
Deer, or any parts thereof, may be held, possessed, sold or otherwise
dealt with as provided in this Section and Sections 3.23 and 3.24 of this Act;
Fur‑bearing mammals, or any parts thereof, may be held, possessed,
sold or otherwise dealt with as provided in Sections 3.16 and 3.24 of
this Act or when legally taken and possessed in Illinois or
legally taken and possessed in and transported from other
states or countries;
The inedible parts of game mammals may be held, possessed, sold or
otherwise dealt with when legally taken, in Illinois or legally taken and
possessed in and transported
from other states or countries.
Failure to establish proof of the legality of possession in another
state or country and importation into the State of Illinois, shall be
prima facie evidence that such game birds or any parts thereof, and
their eggs, game mammals and fur‑bearing mammals, or any parts thereof,
were taken within the State of Illinois.
(Source: P.A. 82‑434.)
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(520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
Sec. 2.36a.
Value of protected species; violations.
(a) Any person who, for profit or commercial purposes, knowingly
captures or kills, possesses, offers for sale, sells, offers to barter,
barters, offers to purchase, purchases, delivers for shipment, ships, exports,
imports, causes to be shipped, exported, or imported, delivers for
transportation, transports or causes to be transported,
carries or causes to be carried, or receives for shipment, transportation,
carriage, or export any animal or part of animal of the species protected
by this Act, contrary to the provisions of this Act, and such animals, in
whole or in part, are valued at or in excess of a total of $300, as per
specie value
specified in subsection (c) of this Section, commits a Class 3 felony.
A person shall be guilty of a Class 4 felony if convicted under this
Section for more than one violation within a 90‑day period where the animals of
each violation are not valued at or in excess of $300, but the total value of
the animals from the multiple violations is at or in excess of $300. The
prosecution for a Class 4 felony for these multiple violations must be alleged
in a single charge or indictment and brought in a single prosecution.
(b) Possession of animals, in whole or in part, captured or killed in
violation of this Act, valued at or in excess of $600, as per specie value
specified
in subsection (c) of this Section, shall be considered prima facie evidence
of possession for profit or commercial purposes.
(c) For purposes of this Section,
the fair market value or replacement cost, whichever is greater, shall be
used to determine the value of the species protected by this Act, but in no
case shall the minimum value of all species protected by
this Act be less than as follows:
(1) Eagle, $500;
(2) Whitetail deer and wild turkey, $250;
(3) Fur‑bearing mammals, $25;
(4) Game birds (except the wild turkey) and | ||
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(5) Owls, hawks, falcons, kites, harriers, and | ||
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(6) Game mammals (except whitetail deer), $25;
(7) Other mammals, $50;
(8) Resident and migratory non‑game birds (except | ||
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(9) Trumpeter swans, $250.
(Source: P.A. 90‑743, eff. 1‑1‑99.)
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(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
Sec. 2.37.
Authority to kill wildlife responsible for damage.
Subject to
federal regulations and Section 3 of the Illinois Endangered Species Act, the Department may authorize owners
and
tenants of lands or their agents to remove or destroy any wild bird
or wild mammal when the wild bird or
wild mammal
is known to be destroying property or causing a risk to human health or
safety upon his or her land.
Upon receipt by the Department of information from the owner, tenant,
or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, or other
property on the land on which he resides or controls, together with a
statement regarding location of the property damages, the nature and
extent of the damage, and the particular species of wildlife committing
the damage, the Department shall make an investigation.
If, after investigation, the Department finds
that damage does exist and
can be abated only by removing or destroying
that wildlife, a permit shall be
issued by the Department to remove or destroy the species responsible causing
the damage.
A permit to control
the damage shall be for a period of up to 90 days,
shall specify the means and methods by which and the person or persons
by whom the wildlife may be removed or destroyed, and shall set forth the
disposition procedure to be made of all wildlife taken and other
restrictions the Director
considers necessary and appropriate in the
circumstances of the particular case. Whenever possible, the specimens
destroyed shall be given to a bona‑fide public or State scientific,
educational, or zoological institution.
The permittee shall advise the
Department in writing, within 10 days after the expiration date of
the permit, of the number of individual species of wildlife
taken, disposition made of them, and any other information which
the Department may consider necessary.
Subject to federal regulations and Section 3 of the Illinois Endangered
Species Act, the Department may grant to an individual,
corporation,
association or a governmental body the authority
to control species protected by this Code. The Department
shall set forth applicable regulations
in an Administrative Order and may require periodic reports listing species
taken, numbers of each species taken, dates when taken, and other pertinent
information.
Drainage Districts shall have the authority to control beaver provided
that they must notify the Department in writing that a problem exists and
of their intention to trap the animals at least 7 days before the trapping
begins. The District must identify traps used in beaver control outside
the dates of the furbearer trapping season with metal tags with the district's
name legibly inscribed upon them. During the furtrapping season, traps
must be identified as prescribed by law. Conibear traps at least size 330
shall be used except during the statewide furbearer trapping season. During
that time trappers may use any device that is legal according to the Wildlife
Code. Except during the statewide furbearer trapping season, beaver traps
must be set in water at least 10 inches deep. Except during the statewide
furbearer trapping season, traps must be set within 10 feet of an inhabited
bank burrow or house and within 10 feet of a dam maintained by a beaver.
No beaver or other furbearer taken outside of the dates for the furbearer
trapping season may be sold. All animals must be given to the nearest
conservation officer or other Department of Natural Resources representative
within 48 hours
after they are caught. Furbearers taken during the fur trapping season
may be sold provided that they are taken by persons who have valid trapping
licenses in their possession and are lawfully taken. The District must
submit an annual report showing the species and numbers of animals caught.
The report must indicate all species which were taken.
(Source: P.A. 91‑654, eff. 12‑15‑99.)
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(520 ILCS 5/2.38) (from Ch. 61, par. 2.38)
Sec. 2.38.
No person shall at any time falsify, alter or change in any manner, or
loan or transfer to another, or provide deceptive or false information
required for, any license, permit or tag issued under the
provisions hereof or falsify any record required by this Act; or
counterfeit any form of license, permit or tag provided for by this Act.
It is unlawful to possess any license, permit or tag issued under the
provisions of this Act which was fraudulently obtained, or which the
possessor knew, or should have known, was falsified, altered, changed in
any manner or fraudulently obtained.
(Source: P.A. 85‑152.)
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(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
Sec. 3.1.
License and stamps required.
(a) Before any person shall take or attempt to take any of the species
protected by Section 2.2 for which an open season is established under this
Act, he shall first have procured and possess a valid hunting license.
Before any person 16 years of age or older shall take or
attempt to take any bird of the species defined as migratory waterfowl by
Section 2.2, including coots, he shall first have procured a State
Migratory Waterfowl Stamp.
Before any person 16 years of age or older takes, attempts to take, or
pursues any species of wildlife protected by this Code, except migratory
waterfowl, coots, and hand‑reared birds on licensed game breeding and hunting
preserve areas and state controlled pheasant hunting areas, he or she shall
first obtain a State Habitat Stamp. Disabled veterans and former prisoners of
war shall not be required to obtain State Habitat Stamps. Any person who
obtained a lifetime license before January 1, 1993, shall not be required to
obtain State Habitat Stamps. Income from the sale of State Furbearer Stamps and
State Pheasant Stamps received after the effective date of this amendatory Act
of 1992 shall be deposited into the State Furbearer Fund and State Pheasant
Fund, respectively.
Before any person 16 years of age or older shall take, attempt to
take, or sell the green hide of any mammal of the species defined as
fur‑bearing mammals by Section 2.2 for which an open season is established
under this Act, he shall first have procured a State Habitat Stamp.
(b) Before any person who is a non‑resident of the State of Illinois
shall take or attempt to take any of the species protected by Section
2.2
for which an open season is established under this Act, he shall,
unless specifically exempted by law, first procure a non‑resident
license as provided by this Act for the taking of any wild game.
Before a nonresident shall take or attempt to take white‑tailed deer,
he shall first have procured a Deer Hunting Permit as defined in Section
2.26 of this Code.
Before a nonresident shall take or attempt to take wild turkeys, he
shall have procured a Wild Turkey Hunting Permit as defined in Section 2.11
of this Code.
(c) The owners residing on, or bona fide tenants of, farm lands and their
children, parents, brothers, and sisters actually permanently residing on
their lands shall have the right to hunt any of the species protected by
Section 2.2 upon their lands and waters without procuring hunting licenses;
but the hunting shall be done only during periods of time and with devices
and by methods as are permitted by this Act. Any person on active duty
with the Armed Forces of the United States who is now and who was at the
time of entering the Armed Forces a resident of Illinois and who entered
the Armed Forces from this State, and who is presently on ordinary leave
from the Armed Forces, and any resident of Illinois who is disabled may hunt
any of the species protected by Section 2.2 without procuring a hunting
license, but the hunting shall be done only during such periods of time and
with devices and by methods as are permitted by this Act. For the purpose of
this Section a person is disabled when that person has a Type 1 or Type 4,
Class 2 disability as defined in Section 4A of the Illinois Identification Card
Act. For purposes of this Section, an Illinois Disabled Person Identification
Card issued pursuant to the Illinois Identification Card Act indicating that
the person named has a Type 1 or Type 4, Class 2 disability shall be adequate
documentation of the disability.
(d) A courtesy non‑resident license, permit, or stamp for taking game
may be issued at the
discretion of the Director, without fee, to any person officially employed
in the game and fish or conservation department of another state or of the
United States who is within the State to assist or consult or cooperate
with the Director; or to the officials of other states, the United States,
foreign countries, or officers or representatives of conservation
organizations or publications while in the State as guests of the Governor
or Director. The Director may provide to nonresident participants and
official gunners at field trials an exemption from licensure while
participating in a field trial.
(e) State Migratory Waterfowl Stamps shall be required for those persons
qualifying under subsections (c) and (d) who intend to hunt migratory
waterfowl, including coots, to the extent that hunting licenses of the
various types are authorized and required by this Section for those persons.
(f) Registration in the U.S. Fish and Wildlife Migratory Bird Harvest
Information Program shall be required for those persons who are required to
have a hunting license before taking
or attempting to take any bird of the species defined as migratory game birds
by Section 2.2, except that this subsection shall not apply to crows in this
State
or hand‑reared birds on licensed game breeding and hunting preserve areas, for
which an open season is established by this Act. Persons registering with the
Program must carry proof of registration with them while migratory bird
hunting.
The Department shall publish suitable prescribed regulations pertaining to
registration by the migratory bird hunter in the U.S. Fish and Wildlife Service
Migratory Bird Harvest Information Program.
(Source: P.A. 92‑177, eff. 7‑27‑01.)
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(520 ILCS 5/3.1‑1) (from Ch. 61, par. 3.1‑1)
Sec. 3.1‑1.
(Repealed).
(Source: Repealed by P.A. 88‑91.)
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(520 ILCS 5/3.1‑2) (from Ch. 61, par. 3.1‑2)
Sec. 3.1‑2.
Veterans who, according to the determination of the Veterans'
Administration as certified by the Department of Veterans' Affairs, are
at least 10% disabled with service‑related disabilities or in receipt of
total disability pensions may hunt any of the species protected by Section
2.2, during such times, with such devices and by such methods as are permitted
by this Act, without procuring hunting licenses, on the condition that their
respective disabilities do not prevent them from hunting in a manner which
is safe to themselves and others.
(Source: P.A. 83‑58.)
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(520 ILCS 5/3.1‑3)
Sec. 3.1‑3.
Deer and wild turkey outfitter permit; application and fees.
Before
any person provides or offers to provide, for compensation, outfitting services
for deer or
wild turkey hunting, that person must apply for and receive a permit from the
Department. The
annual fee for resident outfitter permits shall not exceed $1,000. The annual
fee for
nonresident outfitter permits shall not exceed $2,500. All outfitter permit
fees shall be
deposited into the Wildlife and Fish Fund. The criteria, definitions,
application process,
fees, and standards of outfitting services shall be provided by
administrative rule.
(Source: P.A. 92‑177, eff. 7‑27‑01.)
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(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
Sec. 3.2.
Hunting license; application; instruction.
Before the
Department or any county, city, village, township, incorporated town clerk
or his duly designated agent or any other person authorized or designated
by the Department to issue hunting licenses shall issue a hunting license
to any person, the person shall file his application with the Department or
other party authorized to issue licenses on a form provided by the
Department and further give definite proof of identity and place of legal
residence. Each clerk designating agents to issue licenses and stamps
shall furnish the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his duly
designated agent shall be authorized to sell licenses and stamps only
within the territorial area for which he was elected or appointed. No duly
designated agent is authorized to furnish licenses or stamps for
issuance by any other business establishment. Each
application shall be executed and sworn to and shall set forth the name
and description of the applicant and place of residence.
No hunting license shall be issued to any person born on or after January
1,
1980
unless he presents the person authorized to issue the license
evidence that he has held a hunting license issued by the State of Illinois
or another state in a prior year, or a certificate of competency as
provided in this Section. Persons under 16 years of age may be issued a
Lifetime Hunting or Sportsmen's Combination License as provided under Section
20‑45 of the Fish and Aquatic Life Code but shall not be entitled to hunt
unless they have a certificate of competency as provided in this Section and
they shall have the certificate in their possession while hunting.
The Department of Natural Resources shall authorize
personnel of the
Department or certified volunteer instructors to conduct courses, of not
less than 10 hours in length, in firearms and hunter safety, which may include
training in bow and arrow safety, at regularly specified intervals throughout
the State. Persons successfully completing the course shall receive a
certificate of competency. The Department of Natural Resources may further
cooperate with any reputable association or organization in establishing
courses if the organization has as one of its objectives the promotion of
safety in the handling of firearms or bow and arrow.
The Department of Natural Resources shall designate any
person found by it
to be competent to give instruction in the handling of firearms, hunter
safety, and bow and arrow. The persons so appointed shall give the
course of instruction and upon the successful completion shall
issue to the person instructed a certificate of competency in the safe
handling of firearms, hunter safety, and bow and arrow. No charge shall
be made for any course of instruction except for materials or ammunition
consumed. The Department of Natural Resources shall
furnish information on
the requirements of hunter safety education programs to be distributed
free of charge to applicants for hunting licenses by the persons
appointed and authorized to issue licenses. Funds for the conducting of
firearms and hunter safety courses shall be taken from the fee charged
for the Firearm Owners Identification Card.
The fee for a hunting license to hunt all species for a resident of
Illinois is $7. For residents age 65 or older, the fee is one‑half of the
fee charged for a hunting license to hunt all species for a resident of
Illinois. Nonresidents shall be charged $50 for a hunting license.
Nonresidents may be issued a nonresident hunting license for a
period not to exceed 10 consecutive days' hunting in the State and shall
be charged a fee of $28.
A special nonresident hunting license authorizing a nonresident to
take game birds by hunting on a game breeding and hunting preserve
area only, established under Section 3.27, shall be issued upon proper
application being made and payment of a fee equal to that for a resident
hunting license. The expiration date of this license shall be on the same
date each year that game breeding and hunting preserve
area licenses expire.
Each applicant for a State Migratory Waterfowl Stamp, regardless of
his residence or other condition, shall pay a fee of $10 and
shall receive a stamp. Except as provided under
Section 20‑45 of the Fish and Aquatic Life Code,
the stamp shall be signed by the person or affixed to his license
or permit in a space designated by the Department for that purpose.
Each applicant for a State Habitat Stamp, regardless of his residence
or other condition, shall pay a fee of $5 and shall receive a
stamp. Except as provided under Section 20‑45 of the Fish and Aquatic Life
Code, the stamp shall be signed by the person or affixed to his license or
permit in a space designated by the Department for that purpose.
Nothing in this Section shall be construed as to require the purchase
of more than one State Habitat Stamp by any person in any one license year.
The Department shall furnish the holders of hunting licenses and stamps
with an insignia as evidence of possession of license, or license and
stamp, as the Department may consider advisable. The insignia shall be
exhibited and used as the Department may order.
All other hunting licenses and all State stamps shall expire upon
March 31 of each year.
Every person holding any license, permit, or stamp issued under the
provisions of this Act shall have it in his possession for immediate
presentation for inspection to the officers and authorized employees of
the Department, any sheriff, deputy sheriff, or any other peace officer making
a demand for it. This provision shall not apply to Department owned or
managed sites where it is required that all hunters deposit their license,
permit, or Firearm Owner's Identification Card at the check station upon
entering the hunting areas.
(Source: P.A. 93‑554, eff. 8‑20‑03.)
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(520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
Sec. 3.2a.
Every person holding any license, permit or stamp issued under the
provisions hereof shall have it in his possession for immediate
presentation for inspection to the officers and authorized employees of
the Department, any sheriff, deputy sheriff or any other peace officer making
a demand for it.
This provision shall not apply to Department owned or managed sites where
it is required that all hunters deposit their license, permit or Firearm
Owner's Identification Card at the check station upon entering the hunting areas.
(Source: P.A. 85‑152.)
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(520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
Sec. 3.3.
Trapping license required.
Before any person shall trap any
of the mammals protected
by this Act, for which an open trapping season has been established, he shall
first procure a trapping license from the Department to do so. No traps
shall be placed in the field, set or unset, prior to the opening day of
the trapping season.
Traps used in the taking of such mammals shall be marked or
tagged with metal tags or inscribed in lettering giving the name and
address of the owner, and absence of such mark or tag shall be prima
facie evidence that such trap or traps are illegally used and the trap
or traps shall be confiscated and disposed of as directed by the
Department.
Before any person 16 years of age or older shall trap, attempt to
trap, or sell the green hides of any mammal of the species defined as
fur‑bearing mammals by Section 2.2 for which an open season is established
under this Act, he shall first have procured a State Habitat Stamp.
Before a trapping license shall be issued to any person under the age of
sixteen years, such person shall obtain the written consent of his father,
mother or legally constituted guardian to obtain such license.
Beginning January 1, 1985, no trapping license shall be issued to any
person under 18 years of age unless he presents to the person authorized
to issue such license either evidence that he has held a trapping license
issued by the State of Illinois or another state in a prior year, or a
certificate of competency provided for in this Section.
The Department of Natural Resources shall authorize
personnel of the Department,
or volunteer instructors, found by the Department to be competent,
to provide instruction in courses on trapping techniques and ethical trapping
behavior as needed throughout the State, which courses shall be at least
8 hours in length. Persons so authorized shall provide instruction in such
courses to individuals at no charge, and shall issue to individuals
successfully completing such courses certificates of competency in basic
trapping techniques. The Department shall cooperate in establishing such
courses with any reputable association or organization which has as one of
its objectives the promotion of the ethical use of legal fur harvesting
devices and techniques. The Department shall furnish information on the
requirements of the trapper education program to be distributed free of
charge to applicants for trapping licenses by the persons appointed and
authorized to issue licenses.
The owners residing on, or bona fide tenants of farm lands, and their
children actually residing on such lands, shall have the right to trap
mammals protected by this Act, for which an open trapping season has been
established, upon such lands, without procuring licenses, provided that
such mammals are taken during the periods of time and with such devices as
are permitted by this Act.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
Sec. 3.4.
Before a trapping license shall be issued
to any person, such person shall make application to the Department or any
county, city, village, township or incorporated town clerk or his duly
designated agent upon an application form provided by the Department.
This application shall be executed and sworn to and shall set forth the
name and description of the applicant and his place of residence.
The fee for a trapping license for a resident of
the State of Illinois shall be $10.00.
The Department may provide for non‑resident trapping license provided
that any non‑resident shall be charged a fee of $175,
and if the state in which the applicant
resides does not provide for trapping mammals by Illinois
residents, then the fee shall be $250.
Every person trapping mammals shall make a report properly
sworn to, to the Department, upon blanks supplied by the Department for
such purpose, of all hides of mammals taken, sold, shipped
or dealt in, during the open seasons for mammals together with
the names and addresses of the parties to whom
the same were sold or shipped. Such report shall be made to the
Department within 15 days after the close of the trapping
season. Failure to report or filing false reports shall subject the person
to the penalties provided in Section 3.5. Further, the Department may
refuse to issue a trapping license for the following year to any person who
has failed to file such a report.
All trapping licenses shall expire on March 31 of each year.
(Source: P.A. 85‑1181; 85‑1209; 85‑1440.)
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(520 ILCS 5/3.4a) (from Ch. 61, par. 3.4a)
Sec. 3.4a.
Every person holding any license, stamp or permit issued
under the provisions hereof shall have the same in his possession for
immediate presentation for inspection to the authorized employees of the
Department, any sheriff, deputy sheriff, or any other peace officer, making
demand for same.
(Source: P.A. 86‑159.)
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(2) The conditions of probation shall be that the | ||
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(A) Not violate any criminal statute of any | ||
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(B) Perform no less than 30 hours of community | ||
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(3) The court may, in addition to other conditions:
(A) Require that the person make a report to and | ||
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(B) Require that the person pay a fine and costs.
(C) Require that the person refrain from | ||
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(D) Prohibit the person from associating with | ||
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(4) Upon violation of a term or condition of | ||
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(5) Upon fulfillment of the terms and conditions of | ||
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(6) A disposition of probation is considered to be a | ||
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(7) Discharge and dismissal under this Section may | ||
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(8) If a person is convicted of an offense under | ||
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(9) The Circuit Clerk shall notify the Department of | ||
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(c) Any person who violates any of the provisions of Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), and (cc)), 2.33‑1, 2.33a, 3.3,
3.4, 3.11 ‑ 3.16, 3.19 ‑ 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), and (i)), and 3.24 ‑ 3.26, including administrative
rules, shall be guilty of a Class B misdemeanor.
Any person who violates any of the
provisions of Sections 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall be guilty of a
Class A misdemeanor. Any second or subsequent violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
Any person who violates any of the provisions of this Act, including
administrative rules, during such period when his license, privileges, or
permit is revoked or denied by virtue of Section 3.36, shall be guilty of a
Class A misdemeanor.
Any person who violates subsection (g), (i), (o), (p), (y), or (cc)
of Section 2.33 shall be guilty of a Class A misdemeanor and subject to a
fine of no less than $500 and no more than $5,000 in addition to other
statutory penalties.
Any person who violates any other of
the provisions of this Act
including administrative rules, unless otherwise stated, shall be
guilty of a petty offense. Offenses committed by minors under the
direct control or with the consent of a parent or guardian may subject
the parent or guardian to the penalties prescribed in this Section.
In addition to any fines imposed pursuant to the provisions of this
Section or as otherwise provided in this Act, any person found guilty of
unlawfully taking or possessing any species protected by this Act, shall be
assessed a civil penalty for such species in accordance with the values
prescribed in Section 2.36a of this Act. This civil penalty shall be
imposed by the Circuit Court for the county within which the offense was
committed at the time of the conviction. All penalties provided for in
this Section shall be remitted to the Department in accordance with the
same provisions provided for in Section 1.18 of this Act.
(Source: P.A. 94‑222, eff. 7‑14‑05.)
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(520 ILCS 5/3.6) (from Ch. 61, par. 3.6)
Sec. 3.6.
Before any person shall commercially control land or water, or
both, in whole or in part for the taking of migratory waterfowl, he shall
obtain a permit from the Department pursuant to this Article. That permit
shall entitle him to possess blinds, pits or similar legal devices of
concealment on that land or water. A person is "commercially controlling
land or water or both" when he directly or indirectly receives compensation
in exchange for the opportunity to enter onto that land or water.
(Source: P.A. 87‑174.)
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(520 ILCS 5/3.7) (from Ch. 61, par. 3.7)
Sec. 3.7.
(a) Any person controlling land or water, or both, for commercial
purposes in whole or in part for the taking of wild ducks or wild geese or
for having the privilege of taking wild ducks or wild geese thereon shall
make application for a Migratory Waterfowl Hunting Area Permit (Commercial)
and pay a basic annual permit fee of $15.00 for each blind or pit on that
land or water. Migratory Waterfowl Hunting Area Permits shall be issued by
the Department on the basis of principal use. Permit holders are entitled
to harvest either wild ducks or wild geese. The permits described in this
paragraph shall expire each year on the day after the last day of the
season during which it is lawful to take migratory waterfowl.
(b) The following duties are imposed upon the holder of a permit described
in paragraph (a) but only during duck and Canada goose seasons:
(1) He shall require all hunters, including the | ||
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(2) He shall require each hunter, at the completion | ||
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(3) He shall exhibit the daily registers described | ||
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(4) He shall ensure the observance of the provisions | ||
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(5) He shall forward at the end of each season for | ||
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(c) An area's principal use shall be determined by the composition of
its harvest.
(Source: P.A. 90‑435, eff. 1‑1‑98.)
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(520 ILCS 5/3.8) (from Ch. 61, par. 3.8)
Sec. 3.8.
Migratory waterfowl areas; geese.
(a) On any property operated under a Migratory Waterfowl Hunting
Area Permit (Commercial) where the principal use is to take wild geese,
it is the permit holder's duty to ensure all of the following but only during
Canada goose season:
(1) That no person takes wild geese except from a | ||
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(2) That no person establishes or uses any blind or | ||
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(3) That no person establishes or uses any blind or | ||
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(b) On any property where the principal use is to take wild geese in
Alexander, Franklin, Jackson, Jefferson, Union and Williamson Counties,
other than property operated under a Migratory Waterfowl Hunting Area
Permit (Commercial), all of the following restrictions shall be observed but
only
during Canada goose season:
(1) No person may take wild geese except from a | ||
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(2) No person may establish or use a blind or pit | ||
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(3) No person may establish or use a blind or pit | ||
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(4) No more than the number of persons allowed by | ||
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(Source: P.A. 90‑435, eff. 1‑1‑98; 91‑582, eff. 8‑14‑99.)
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(520 ILCS 5/3.11) (from Ch. 61, par. 3.11)
Sec. 3.11.
Any individual who is a resident of the State
of Illinois, who, within
the State of Illinois, receives, collects or buys, or who acts as an
agent or broker in the receipt, collection or purchase of the green
hides of fur‑bearing mammals, protected by this Act, except an
individual who is a resident retail fur
buyer as defined in Section 3.12, shall be a resident wholesale fur
buyer in the meaning of this Act. Resident wholesale fur buyer's permits
shall be issued by the Department. The annual fee for each resident
wholesale fur buyer's permit shall be $125.00. All resident wholesale fur
buyer permits shall expire on April 30 of each year. A holder
of a resident
wholesale fur buyer permit may buy, sell, possess, transport, and ship the
green hides of any legally taken fur‑bearing mammals from May 1
through April 30 next thereafter; provided, however, that failure to establish
proof of
the legality or origin of the green hides of fur‑bearing mammals
shall be prima facie evidence that such green hides of fur‑bearing
mammals are contraband within the State of Illinois. Nothing in this Section
shall exempt any permittee from complying to any federal laws, rules or
regulations which may apply to the green hides of fur‑bearing
mammals.
(Source: P.A. 89‑341, eff. 8‑17‑95.)
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(520 ILCS 5/3.12) (from Ch. 61, par. 3.12)
Sec. 3.12.
Any individual who is a resident of the State of Illinois
who, within the State of Illinois, receives, collects, or buys, or acts
as an agent or broker in the receipt, collection or purchase of the
green hides of fur‑bearing mammals protected by this Act, except
an individual who is a resident wholesale fur buyer as
defined in Section 3.11,
shall be a resident retail fur buyer in the meaning of this Act.
Resident retail fur buyer permits shall be issued by the Department and
shall expire on April 30 of
each year.
The annual fee for each resident retail fur buyer's permit shall be
$25.00. A holder of a resident retail fur buyer permit may buy, sell,
possess, transport and ship the green hides of any
legally taken fur‑bearing mammals from the opening date of the
fur‑bearing
mammal season to April 20 next thereafter; provided, however,
that failure
to establish proof of legality or origin of the green hides of fur‑bearing
mammals shall be prima facie evidence that such green
hides of fur‑bearing mammals are
contraband within the State of Illinois. Nothing in this Section shall
exempt any permittee from complying to any Federal laws, rules or regulations
which may apply to the green hides of
fur‑bearing mammals.
(Source: P.A. 89‑341, eff. 8‑17‑95.)
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(520 ILCS 5/3.14) (from Ch. 61, par. 3.14)
Sec. 3.14.
Any person receiving, collecting or buying green hides of fur‑bearing or
game mammals from a licensed resident retail, resident
wholesale or non‑resident fur buyer, fur‑bearing mammal breeder
or other fur vendor shall be furnished
with a certificate by such buyer, breeder or vendor showing the number and kinds
of such green hides received, collected or purchased, the date of the
transaction, the name and address of the buyer, breeder, or vendor, the name and
address of the person receiving, collecting or buying such green hides
from such buyer breeder, or vendor, and any other information which the
Department may require. The certificate, or certificates shall be immediately
presented for inspection to
officers and authorized employees of the Department, any sheriff, deputy
sheriff, or any other peace officer when request is made for same. An
invoice or export permit covering green hides of fur‑bearing or game mammals
originating in other states may be accepted
in lieu of the certificates. Failure to produce such certificate ,
invoice or export permit shall be prima facie evidence that such green hides are
contraband within the State of Illinois.
(Source: P.A. 81‑382.)
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(520 ILCS 5/3.15) (from Ch. 61, par. 3.15)
Sec. 3.15.
Any manufacturer, converter, or consumer who purchases or receives
green hides of fur‑bearing or game mammals for the purpose of dressing and
fabricating them into fur
garments or products, shall purchase such green hides from a duly
licensed fur buyer or fur‑bearing mammal breeder, and shall demand from
the buyer or breeder an
invoice covering such purchases, indicating thereon the date of the transaction,
the name
and address of the fur buyer or fur‑bearing mammal breeder, and the number and kinds of
green hides so purchased. Such invoices shall be presented for inspection
to officers and authorized employees
of the Department, any sheriff, deputy sheriff, or any other peace officer
when request is made for same. Failure to produce such invoice shall be
prima facie evidence that such green hides are contraband within the State of Illinois.
Such purchases of green hides of fur‑bearing or game mammals
shall be made for converting or
manufacturing purposes only, and green hides so bought shall not be offered
for resale in the green or raw condition.
Such a manufacturer, converter or consumer may have the
green hides of any legally
taken fur‑bearing or game mammals purchased from a licensed
fur buyer or fur‑bearing mammal breeder, in his possession at any time during
the year, provided such green hides were purchased and are used for manufacturing
purposes only.
(Source: P.A. 81‑382.)
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(520 ILCS 5/3.16) (from Ch. 61, par. 3.16)
Sec. 3.16.
Any individual, who for other individuals, engages in the
business of dressing, dyeing or tanning the green hides of fur‑bearing or
game mammals, protected by this Act,
shall be a fur tanner in the meaning of this Act.
Before any individual shall engage in the business of dressing, dyeing or
tanning green hides of fur‑bearing or game mammals, for any other individual,
he shall first procure a fur tanner permit. Fur tanner permits
shall be issued by the Department.
The annual fee for each fur tanner's permit shall be $25.00.
All fur tanner
permits shall expire on March 31st of each year. Any fur tanner who receives
or collects green hides shall require an affidavit from the shipper or consignor,
stating that said green hides were taken according to regulations of the
state where they were taken, a certificate of purchase as provided for in
Section 3.14 or an invoice as provided for in Section 3.15. Such
affidavit, certificate of purchase, or invoice shall show the name and address
of the individual from whom the green hides were received or
collected and such
records shall be kept by the fur tanner for a minimum period of one year
following the date of receipt or collection. Such affidavit, certificate
of purchase, or invoice shall be immediately presented for inspection to
officers and authorized employees of the Department, any sheriff, deputy
sheriff, or any other peace officer when request is made for same. Failure
to produce such affidavit, certificate of purchase, or invoice shall be
prima facie evidence that such green hides are contraband within the State
of Illinois. Upon receipt by the fur tanner of any green hide not accompanied
by an affidavit, certificate of purchase or invoice, the fur tanner shall
notify the shipper or consignor in writing of the requirement. The fur
tanner shall then hold green hides until an affidavit, certificate of purchase
or invoice is received. Such green hides shall be labeled with the name
and address of the shipper or consignor, date of receipt and the date
notification
was sent to the shipper or consignor. If the shipper or consignor shall
fail to furnish said affidavit, certificate of purchase or invoice within
30 days from the date of receipt of the green hides, the fur tanner shall
notify the Department and green hides shall be disposed of in accordance
with instructions from the Department. Additional Federal regulations may
apply to the hides of certain endangered species.
(Source: P.A. 84‑150.)
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(520 ILCS 5/3.18) (from Ch. 61, par. 3.18)
Sec. 3.18.
Any individual not a resident of the State of Illinois, who,
within the
State of Illinois, receives, collects or buys, or who acts as an agent
or broker in the receipt, collection or purchase of the green
hides of fur‑bearing mammals, protected by this Act, shall be a
non‑resident fur buyer
in the meaning of this Act. Non‑resident fur buyer permits shall be issued
by the Department.
Non‑resident fur buyers must obtain a non‑resident fur buyer permit before
receiving, collecting, or purchasing the green hides of fur‑bearing mammals
within this State except that a non‑resident fur buyer permit shall not be
required for purchasing the green hides of fur‑bearing mammals from resident
wholesale fur buyers and resident retail fur buyers as defined in Sections 3.11
and 3.12.
The annual fee for each nonresident fur
buyer permit shall be $250.00. All non‑resident fur buyer permits shall
expire on April 30 of each year. A
nonresident fur buyer may buy, sell, possess, transport and ship
the green hides of any legally
taken fur‑bearing mammals from May 1 through April 30 next thereafter;
provided, however, that failure to establish proof of the
legality of or origin of the green hides of fur‑bearing mammals
shall
be prima facie evidence that such green hides of fur‑bearing
mammals
are contraband
within the State of Illinois. Nothing in this Section shall be construed
to remove such permittee from responsibility for the observance of any federal
laws, rules or regulations which may apply to the green hides of fur‑bearing mammals.
(Source: P.A. 89‑341, eff. 8‑17‑95.)
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(520 ILCS 5/3.21) (from Ch. 61, par. 3.21)
Sec. 3.21.
(a) Every person before engaging in the business of
taxidermy shall obtain a license for such purpose from the Department.
Application for such license shall be filed with the Department and shall
set forth the name of the applicant; its principal officers, if the
applicant is a corporation, or the partners, if the applicant is a
partnership; the location of the place of business and such additional
information as the Department may require. The annual fee for each
taxidermist license shall be $25.00. All licenses issued to taxidermists
are valid only at the location described and designated on the application
for such license. All taxidermist permits shall expire on January 31 of
each year. Persons employed by a licensed taxidermist shall not be
required to possess a taxidermist license while working for and at the
place of business of the license holder.
Licensed taxidermists shall submit to the Department a list naming all
individuals who will be working at the place of business specified on
the license. Only those individuals whose names are on file with the
Department shall be authorized to work under the scope of the taxidermist's
license.
(b) Taxidermists shall keep written records of all birds or mammals,
or parts thereof, received or returned by them. Records shall include the
following information:
(1) The date the bird or mammal was received.
(2) The name and address of the person from whom the | ||
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(3) The number and species of each bird or mammal | ||
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(4) The number and state of issuance of the hunting | ||
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(c) All birds or mammals or parts thereof that have been received,
preserved
or mounted or possessed by a taxidermist are required to bear a coded origin
tag or label. The origin tag or label shall correspond with written
records containing more complete information as required by the Department.
(d) Taxidermy records shall be open for inspection by any peace officer
at any reasonable hour. Taxidermists shall maintain records for a period
of 2 years from the date of receipt of the bird or mammal or for as long
as the specimen or mount remains in the taxidermist's possession, whichever
is longer. The Department may require the taxidermist to submit to it such
information as it deems necessary.
(e) A licensed taxidermist may possess the green hides of furbearers and
other game mammals the year round as long as such hides are tagged as and
remain the property of the individual who legally took them and for whom the
taxidermist is performing services.
(f) A licensed taxidermist may without a fur tanners permit tan the
green hides of furbearers and other game mammals as long as such hides are
tagged as and remain the property of the individual who legally took them
and for whom the taxidermist is performing services.
(f.5) A licensed taxidermist may, without a fur buyer's permit, buy, sell,
transport and possess the green or tanned hides of any legally obtained
furbearer or game mammal the year round as long as the hides in the
taxidermist's possession are used for taxidermy purposes only and bear a coded
origin tag or label. The origin tag or label shall correspond with written
records containing more complete information as required by the Department.
(g) No taxidermist shall have in his or her possession any bird or
mammal that is not listed in his written records and properly tagged or
labeled.
(h) All persons licensed as taxidermists under this Act who shall ship
any birds or mammals or parts thereof that have been received, preserved or
mounted, shall tag or label such shipment and such tag or label shall
state the name of the taxidermist and the number and date of his or her
license.
(i) Nothing in this Section removes taxidermists from responsibility for
the observance of any federal laws, rules, or regulations that may apply to the
taxidermy business.
(Source: P.A. 88‑416.)
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(520 ILCS 5/3.22) (from Ch. 61, par. 3.22)
Sec. 3.22.
Permits may be granted by the Department to any properly accredited
person at least 18 years of age, permitting the capture, banding or collecting
(including nests, eggs or young),
for strictly scientific purposes, of any of the fauna now protected
under this Code. A special salvage permit may be granted to qualified
individuals at least 15 years of age for the purpose of salvaging dead or
crippled wildlife species protected by this Act for permanent donation to
bona fide public or state scientific, educational or zoological
institutions or, for the purpose of rehabilitation and subsequent release
to the wild, or other
disposal as directed by the Department.
The application for such a permit shall be approved by the Department.
The holder of each such permit shall make to the Department, within
30 days after the expiration of his or her permit, a report in writing
upon blanks furnished by the Department. Such report shall show the name
and address of all persons from whom specimens were received, the kinds
of specimens taken, disposition made of same, and any other information
which the Department may consider necessary.
(Source: P.A. 85‑150.)
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(520 ILCS 5/3.23) (from Ch. 61, par. 3.23)
Sec. 3.23.
Before any person shall hold, possess or engage in the raising of
game mammals, game birds or migratory game birds protected by this Act,
he shall procure a permit from the Department to do so. Any person
desiring to possess, propagate, hold in captivity but not offer for sale
any species protected by this Act may do so by
acquiring either a Class A Noncommercial bird breeders permit or a Class
A Noncommercial game breeders permit. Any person desiring to possess,
propagate, to hold in captivity, to sell alive, for propagation or
hunting purposes, sell dressed for food purposes any species protected by
this Act may do so by acquiring a
Class B Commercial bird breeders permit or a Class B Commercial/game
breeders permit.
No person shall breed, raise, sell
or offer to sell ferrets without first obtaining from the Department either a Class A
noncommercial game breeder permit or a Class B commercial game breeder
permit; such permit shall not, however,
authorize the use or sale of ferrets for taking any of the wild birds or
wild mammals protected by this Act.
Except for a Class A noncommercial ferret permit which shall be issued
free of charge, the fee for a Class A permit shall be $10. The
fee
for a
Class B permit shall
be $20. Both Class A and Class B permits shall expire
on March 31 of each year.
Holders of wild game or bird breeder's permits may import game mammals, game
birds or migratory game birds into the State of Illinois but may release
the same only with the permission of the Director.
Bobwhite quail and male pheasants raised in Illinois from eggs
originating in Illinois and reared under the provisions of this
Act may be released and harvested by hunting during the open season
provided by the regulations under Sections 2.6 and 2.7 of this Act.
Hen pheasants raised in Illinois from eggs originating in Illinois and
reared under the provisions of this Act may be released but may be
harvested only as provided by the regulations under Sections 2.34 and 3.28 of this Act.
Licensed breeders who hold Class B permits may sell live
hand‑reared pheasants, bobwhite quail and chukar partridges to organized
field trial clubs, or to individuals operating dog training grounds
designated by the Department, to be used for field trial purposes and
such pheasants, bobwhite quail and chukar partridges may be killed by
shooting in connection therewith on areas approved by the Department.
Tags or decals on containers, of a type not removable without
breaking or mutilating the tag or decal, shall be used to designate the
carcasses of game mammals, game birds or migratory game birds raised in
captivity, as provided in this Section, and all game imported legally
from any source outside the State of Illinois shall be so designated
with irremovable tags or decals. If such tag or decal is not provided
for in the State of origin the consignor shall obtain such tags or
decals from the Department to identify such carcasses. Upon the
application and payment of a fee of 10 cents for such tag or decal, the
Department shall furnish permittees with such tags or decals, except
that the Department shall only furnish any permittee with sufficient
tags or decals for the number of game mammals, game birds or migratory
game birds, or parts of carcasses thereof, as may from time to time have
been disposed of by the permittee. One of such tags shall be securely
affixed to one of the legs of each game mammal, except deer, where a tag
shall be affixed to each leg, game bird or migratory game bird before
removing such game mammal, game bird or migratory game bird from the
premises of the permittee, and such tags shall remain upon the leg or
legs of such mammal, game bird or migratory bird until prepared for
consumption. Class B permit holders who sell such species dressed for food
purposes shall affix such tags to one of the legs of each game mammal, except
deer, where a tag must be secured to each leg, game bird or migratory game
bird or shall secure such decals on the containers in which the carcasses
are transported before removing such species from the premises of the permittees.
Nothing in this Section shall be construed to give any such permittee
authority to take game mammals, game birds or migratory game birds in
their wild state contrary to other provisions of this Act, or to remove
such permittee from responsibility for the observance of any Federal
laws, rules or regulations which may apply to such game mammals, game
birds or migratory game birds.
When any wild birds or wild mammals raised in captivity, or parts
thereof, are transported or offered for shipment by the holder of a
permit, issued under the provisions of Sections 1.6 and 1.7 hereof, or
by a licensed breeder from outside the State, such shipment shall be
plainly tagged or with decals if in containers so as to show the
contents thereof, the name of the shipper, his place of residence, the
place from where the shipment is made, its destination, name of
consignee and the number, date and type of permit under which shipment
is offered.
Game and game bird breeders shall keep records of the acquisition, sale
or disposition of each game mammal or game bird so raised or propagated,
showing the date of such transaction, the name and address of the person
acquiring or receiving such game mammal or game bird, and shall furnish
such person with a certificate of purchase showing the number and kinds of
game mammals or game birds so disposed of, the date of transaction, the
name of the person receiving, collecting, or buying such game mammals or
game birds, and such other information as the Department may require. Such
records and certificates of purchase or disposition shall be immediately
presented to officers or authorized employees of the Department, any
Sheriff, Deputy Sheriff, or other peace officer when request is made for same.
Failure to produce such records of certificates of purchase or
disposition shall be prima facie evidence that such game mammals or game
birds are contraband within the State of Illinois. Records shall be
maintained from the date of acquisition until 2 years after the date of
disposition or sale.
Duly organized clubs and associations approved by the Department and
engaged in the raising, for release only and without profit, any of the
game mammals and game birds protected by this Act are exempt from the
provisions of this Section.
No person shall release, hold, possess, or engage in raising San Juan
(sometimes called European) rabbits or finnraccoons (sometimes called
raccoon dogs) (Nyctereutes procyonoides) in this State and no permit shall be
issued therefor.
No person shall release, or propagate for the release any Nutria
(Myocastor coypus), and monk parakeet (Mycopsitta monachus), in
this State at any time.
(Source: P.A. 86‑920.)
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(520 ILCS 5/3.24) (from Ch. 61, par. 3.24)
Sec. 3.24.
Before any person, except permittees under Section 3.23 of
this Act, shall engage in buying, selling or processing wild game for the purpose
of buying, selling or shipping the same, including the carcasses of
fur‑bearing mammals, for public consumption, he shall
first procure a license
to do so from the Department. Dealers in deer, or any parts thereof,
legally taken and possessed in and transported from, other states, shall
also be licensed under the provisions of this Section. All such deer, or
parts thereof, shall be marked with permanent irremovable tags, or
similar devices, to establish and retain their origin and identity.
The terms "buying or selling" include buying or selling by hotel
keepers, restaurant keepers and others engaged in buying or selling
prepared foods for consumption.
A permit shall be procured for each separate market or place of
business operated by any person who sells wild game for public
consumption and for each vehicle from
which game or fur‑bearing mammals are sold. Such
permits shall be
conspicuously displayed at all times.
This permit shall be known as a processed wild game dealer's permit. It
shall be issued by the Department for a fee of $25.00 annually and shall
expire on March 31st of each year. The Department may prescribe
the necessary forms as may be desirable for the maintenance of records
by the licensee, to record all transactions in wild game that may be
marketed under the provisions of the laws of this State and game
imported legally from other states.
Nothing in this Section shall be construed to give the holder of a
processed wild game dealer's permit authority to take game birds, game
or fur‑bearing mammals in their wild state contrary to other provisions of this Act.
The person in possession of such game birds and mammals has the burden
of proving the legality of his possession.
(Source: P.A. 84‑150.)
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(520 ILCS 5/3.25) (from Ch. 61, par. 3.25)
Sec. 3.25.
Any individual who, within the State of
Illinois, holds, possesses
or engages in the breeding or raising of live fur‑bearing mammals, protected
by this Act, except as provided in Sections 1.6 or 1.7, shall be a fur‑bearing
mammal breeder in the meaning of this Act. Before any individual shall hold,
possess or engage in the breeding or raising of live fur‑bearing mammals,
he shall first procure a fur‑bearing mammal breeder permit. Fur‑bearing
mammal breeder permits shall be issued by the Department. The annual fee
for each fur‑bearing mammal breeder permit shall be $25. All fur‑bearing
mammal breeder permits shall expire on March 31 of each year.
Holders of fur‑bearing mammal breeder permits may hold, possess, engage
in the breeding or raising, sell, or otherwise dispose of live fur‑bearing
mammals or their green hides, possessed thereunder, at any time of the year.
Fur‑bearing mammal breeders shall keep a record for 2 years from the
date of the acquisition,
sale or other disposition
of each live fur‑bearing mammal or its green hide so raised or propagated,
showing the date of such transaction, the name and address of the
individual
receiving or buying such live fur‑bearing mammal or its green hide, and
when requested to do so, shall furnish such individual with
a certificate of
purchase showing the number and kinds of live fur‑bearing mammals or green
hides so disposed of, the date of the transaction, the name and permit number
of the breeder, and the name of the individual receiving,
collecting, or buying
such live fur‑bearing mammals or green hides, and such other information
as the Department may require. Such records and certificates of purchase
shall be immediately presented to officers or authorized employees of the
Department, any sheriff, deputy sheriff, or other peace officer when request
is made for same. Failure to produce such records or certificates of purchase
shall be prima facie evidence that such live fur‑bearing mammals or green
hides are contraband with the State of Illinois. The holder of a fur‑bearing
mammal breeder permit may exhibit fur‑bearing mammals commercially.
Nothing in this Section shall be construed to give any such permittee
authority to take fur‑bearing mammals in their wild state contrary to
other provisions of this Act, or to remove such permittee from
responsibility for the observance of any Federal Laws, rules or
regulations which may apply to such fur‑bearing mammals.
Holders of fur‑bearing mammal breeder permits may import fur‑bearing mammals
into the State of Illinois but may release the same only after health and
disease prevention requirements set forth by the Director and other State
agencies have been met and permission of the Director has been granted.
The breeding, raising and producing in captivity, and the marketing, by
the producer, of mink (Mustela vison), red fox (Vulpes vulpes) or arctic fox
(Alopex lagopus), as live animals, or as animal pelts or carcasses shall be
deemed an agricultural pursuit, and all such animals so raised in captivity
shall be deemed domestic animals, subject to all
the laws of the State with reference to possession and ownership as are
applicable at any time to domestic
animals. All individuals engaged in the foregoing
activities are fur farmers and engaged in farming for all statutory
purposes. Such individuals are exempt from the fur‑bearing mammal breeder
permit requirements set forth in this Section if: (1) they are defined as
farmers for Federal income tax purposes, and (2) at least 20 percent of
their gross farm income as reported on Federal tax form Schedule F (Form
1040) for the previous year is generated from the sale of mink, red fox or
arctic fox as live animals, animal pelts or carcasses.
No fur‑bearing mammal breeder permits will be issued to hold,
possess, or engage in the breeding and raising of striped skunks acquired after
July 1, 1975, or coyotes acquired after July 1, 1978.
(Source: P.A. 86‑920.)
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(520 ILCS 5/3.27) (from Ch. 61, par. 3.27)
Sec. 3.27.
Any person owning, holding or controlling, by lease, which
possession must be for a term of 5 or more years, any contiguous tract
of land having an area of not less than 200 acres, and not more
than 1280 acres, with at least 100 acres of suitable wildlife habitat,
who desires to establish a game breeding and hunting
preserve area, to propagate, preserve and hunt game birds shall make
application to the Department for a license as herein provided. Such
application shall be made under oath of the applicant or under oath of
one of its principal officers if the applicant is an association, club
or corporation. In the case of releasing and harvesting hand reared
mallards, the tract of land, with the approval of the Department, may be
smaller than that required in this Section but in all other respects the
applicant shall conform to the provisions of this Act. The application
shall be accompanied by a license fee of not to exceed $100 for a Class A
license or a license fee not to exceed $200 for a Class B license.
Every licensee under this Section shall release not less than 250
Bobwhite quail or pheasants each season.
Upon receipt of such application, the Department shall inspect the
proposed licensed area described in such application and the premises
and facilities where game birds are to be propagated and the cover for
game birds and the ability of the applicant to operate a property of
this character. If the Department finds that the area meets the
requirements of all applicable laws and administrative rules and that
the game birds are reasonably healthy and disease free; and that the
issuing of the license will otherwise be in the public interest; the
Department shall approve the application and issue the license for the
operation of the property described in the application with the rights
and subject to the limitations in this Act prescribed.
All game breeding and hunting preserve area licenses expire on April
30 of each year.
Upon receipt of such license, the licensee shall promptly post such
licensed areas at intervals of not more than 500 feet with signs to be
prescribed by the Department. The boundaries of such licensed game
breeding and hunting preserve areas shall also be clearly defined by
natural or artificial boundaries and by signs.
(Source: P.A. 93‑554, eff. 8‑20‑03.)
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(520 ILCS 5/3.28) (from Ch. 61, par. 3.28)
Sec. 3.28.
The licensee of any licensed game breeding and hunting preserve area
may take, or authorize to be taken, on licensed areas and within the season
fixed and designated, and in such numbers as herein provided, the
following: (a) 100% of each of the following species of game
birds released within the said season: hand reared pheasants,
Bobwhite quail, Hungarian
partridges, Chukar partridges, Coturnix
and wild turkeys; and (b) hand reared mallard
ducks may be released
at any time of the year for shooting purposes and 100% of those released
may be harvested by shooting.
All the foregoing birds so released,
except Coturnix, shall be at least 16 weeks of age before releasing the
same and shall possess full plumage.
(Source: P.A. 84‑150.)
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(520 ILCS 5/3.29) (from Ch. 61, par. 3.29)
Sec. 3.29.
For the purpose of this Act, game birds shall be released
upon licensed game breeding and hunting preserve areas in
a manner satisfactory to the
Department. The licensee shall keep a register on forms prescribed by the
Department which shall clearly show the
number and kind of game birds released each year, the
month of release, and also the number and kind of game birds
taken, the month when taken and the disposition made of such game
birds, and shall submit such reports under oath as to game birds released and taken, to the
Department not later than 10 days following the end of each month during the
season. The Department shall keep an adequate record of the number of birds
released on each licensed game breeding and hunting
preserve area in each year and of the birds taken.
The Department shall prepare special tags suitable for use upon legs of
game birds, including hand reared mallard ducks, which tags shall be of a
type not removable without breaking and mutilating the tag, such tags to be
used to designate birds taken upon a licensed game breeding and hunting
preserve area, and such tag shall remain upon the leg of such game bird
until such bird is finally prepared for consumption. Those licensed areas
which dress game birds may affix the tag to the bag in which the dressed
game birds are contained. Upon application and
payment of a fee of 10 cents for each such tag, the Department shall
furnish licensees with such tags. All game birds harvested on licensed areas
are to be
properly banded on the same day they are taken.
(Source: P.A. 93‑554, eff. 8‑20‑03.)
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(520 ILCS 5/3.30) (from Ch. 61, par. 3.30)
Sec. 3.30.
Game birds may be taken upon a Class A game breeding and
hunting preserve area only during the period from September 1st to April
15th of each year, both dates inclusive. Game birds may
be taken upon a Class B game breeding and hunting preserve area all year.
Before any person shall take or attempt to take game birds upon such
licensed game breeding and hunting preserve areas, he shall first
secure a hunting license in accordance with this Act.
(Source: P.A. 93‑554, eff. 8‑20‑03.)
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(520 ILCS 5/3.31) (from Ch. 61, par. 3.31)
Sec. 3.31.
The Department may designate any operator of a license game breeding
and hunting preserve area or any of his or its agents or employees as a
special representative of the Department with power to enforce the game
laws and to prevent trespassing upon such property; provided that
not more than two special representatives may be appointed for each such
preserve. Such special representative shall be subject to rules and
regulations to be prescribed by the Department and shall serve without
compensation from the Department.
(Source: P.A. 84‑150.)
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(520 ILCS 5/3.33) (from Ch. 61, par. 3.33)
Sec. 3.33.
The Department may either refuse to issue or refuse to renew or may
suspend or may revoke any game breeding and hunting preserve area license
if the Department finds that such licensed area or the operator thereof is
not complying or does not comply with the provisions of Section 3.35 of
this Act, or that such property, or area is operated in violation of other
provisions of this Act, or in an unlawful or illegal manner; however, the
Department shall not refuse to issue, refuse to renew nor suspend or revoke
any license for any of these causes, unless the licensee affected has been
given at least 15 days notice, in writing, of the reasons for the action of
the Department and an opportunity to appear before the Department or a
representative thereof in opposition to the action of the Department. Upon
the hearing of any such proceeding, the person designated by the Department
to conduct the hearing may administer oaths and the Department may procure,
by its subpoena, the attendance of witnesses and the production of relevant
books and papers. The Circuit Court upon application either of the licensee
affected, or of the Department, may, on order duly entered, require the
attendance of witnesses and the production of relevant books and papers
before the Department or its representative in any such hearing. Upon
refusal or neglect to obey its order, the Court may compel obedience by
proceedings for contempt of court.
(Source: P.A. 84‑150.)
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(520 ILCS 5/3.34) (from Ch. 61, par. 3.34)
Sec. 3.34.
Any person who imports into Illinois wild or semi‑domestic mammals
from other states or foreign countries for the purpose of providing
hunting with bow and arrow or gun with or without dogs must obtain an
exotic game hunting area permit. The annual fee for this permit shall be
$1000 and shall expire on April 30 of each year. The
hunting area cannot be under 640 contiguous acres nor more than 2560
acres in size. It must be fenced in a manner capable of holding the
mammals released. The holder of an exotic game hunting area permit must
obtain a $10,000 bond to cover damages that may occur if the mammals
escape from the enclosure. The mammals must be inspected and certified
disease free from a licensed Illinois veterinarian.
The area must be inspected by personnel of the Department of Natural
Resources before the license is issued. Anyone violating
this Section is guilty of a business offense and shall be fined from $500 to
$5000.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(520 ILCS 5/3.35) (from Ch. 61, par. 3.35)
Sec. 3.35.
Any licensee, or any other person, who willfully and intentionally
transfers or permits the transfer of the tags issued to the operator of one
licensed game breeding and hunting preserve area to the operator of
another licensed game breeding and hunting preserve area, or to any other
person, or who affixes such tags to game birds not taken from a licensed
game breeding and hunting preserve area or to game birds taken from any
area other than the area for which such tags were issued, is guilty of a
Class B misdemeanor.
(Source: P.A. 84‑150.)
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(520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
Sec. 3.36.
Revocation and suspension.
(a) Whenever a license or permit is issued to any person
under this Act, and the holder thereof is found guilty of any
misrepresentation in obtaining such license or permit or of a violation of
any of the provisions of this Act, including administrative rules, his
license or permit may be revoked by the Department, and the Department may
refuse to issue any permit or license to such person and may suspend the
person from engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years following such revocation.
Department revocation procedures shall be established by Administrative
rule.
(b) Whenever any person who has not been issued a license or a permit
under the provisions of this Code is found guilty of a violation of the
provisions of this Code, including administrative rules, the Department may
refuse to issue any permit or license to that person, and suspend that
person from engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years.
(c) Any person who knowingly or intentionally violates any of the
provisions of this Act, including administrative rules, during such period
when his license or permit is revoked or denied by virtue of this Section
or during the time he is suspended under subsection (b), shall be guilty of
a Class A misdemeanor.
(d) Licenses and permits authorized to be issued under the provisions of
this Act shall be prepared by the Department and be in such form as
prescribed by the Department. The information required on each license
shall be completed thereon by the issuing agent or his sub‑agent at the
time of issuance and each license shall be signed by the licensee, or
initialed by the designated purchaser and then signed immediately upon receipt
by the licensee, and
countersigned by the issuing agent or his sub‑agent at the time of
issuance. All such licenses shall be supplied by the Department, subject to
such rules and regulations as the Department may prescribe. Any license not
properly prepared, obtained and signed as required by this Act shall be
void.
(e) A person whose license or permit to engage in any activity regulated
by
this
Code has been suspended or revoked may not, during the period of the suspension
or
revocation or until obtaining such a license or permit, (i) be in the company
of any person
engaging in the activity covered by the suspension or revocation or (ii) serve
as a guide,
outfitter, or facilitator for a person who is engaged or prepared to engage in
the activity
covered by the suspension or revocation.
(f) No person may be issued or obtain a license or permit or engage in any
activity
regulated by this Code during the time that the person's privilege to engage in
the same
or similar activities is suspended or revoked by another state, by a federal
agency, or by a
province of Canada.
(Source: P.A. 90‑225, eff. 7‑25‑97; 91‑545, eff. 8‑14‑99.)
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(520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
Sec. 3.37.
The Department of Natural Resources has the
authority to designate agents to sell licenses, stamps and permits on behalf of
the Department. Any person receiving licenses from the Department for sale as
provided for in this Section, shall execute and deliver receipts therefor; and
shall on dates specified by the Department report in
writing to the Department the number and kind of licenses sold, and
shall, with such reports, make remittances to the Department covering
the amounts received from such sales. Failure on the part of any clerk
or agent to fully comply with this Act, including administrative rules,
shall be justification for the Department to cancel or withdraw the
issuance of licenses through such clerks or agents. A Federal Migratory
Bird Hunting and Conservation Stamp shall be deemed a license for the
purpose of this Section. Any person authorized by the Department including any
county, city, village, township, or incorporated town clerk issuing licenses,
permits or stamps provided for in this Act, may add the following as the fees
for issuing such licenses: 75 cents in the case of Sportsmen's Combination
Licenses or nonresident hunting licenses, and 50 cents in the case of all
other licenses, permits and stamps. However, such clerks shall remit to the
treasurer of the political subdivision of which he is an officer or employee,
the added fees or any portion thereof he or she collects provided in this
Section. Issuing fees may be divided between such clerks and their appointed
subagents other than employees of the clerk's office, but in no case may any
clerk or subagent charge an issuing fee or fees totaling more than the issuing
fee set out in this Section. No person, or subagent of any county, city,
village, township or incorporated town clerk may charge a service fee for
issuing licenses provided for in this Act, and the charging of fees for issuing
such licenses in excess of the fees authorized is a petty offense. All
fees, less issuing fees, collected from the sale of licenses and permits
and not remitted to
the Department as provided in this Section, shall be deemed to have been
embezzled and the person or officer responsible for such remittance is
subject to prosecution.
Any person authorized to issue licenses by telephone and electronic
transmission or incurring costs for customer convenience may charge in addition
to the "issuing fee" authorized by this Section a fee not to exceed an amount
set by the Department, by administrative rule, to cover the transaction cost.
(Source: P.A. 89‑445, eff. 2‑7‑96; 90‑225, eff. 7‑25‑97; 90‑743, eff.
1‑1‑99.)
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(520 ILCS 5/3.38) (from Ch. 61, par. 3.38)
Sec. 3.38.
Within 30 days after the expiration of the time in which any class of
license is usable, payment for licenses sold shall be made in full to the
Department and the respective persons possessed of blank forms thereof
shall return same to the Department prepaid.
No person is permitted to make deductions from remittances sent to
the Department for postage, or for the cost of, or fees for, drafts or
money orders.
Any county, city, village, township or incorporated town clerk
handling or selling licenses as aforesaid is liable to the State
personally. All other persons designated or appointed by the Department
to handle or sell licenses as aforesaid shall before receiving such
licenses for sale file with the Department a bond in an amount specified
by the Department on a form to be approved by and with a surety or
sureties satisfactory to the Department conditioned upon such person or
persons paying to the State of Illinois all monies becoming due by
reason of the sale of the licenses.
No person handling or selling licenses is required to remit for any
license heretofore or hereafter stolen, by means of forcible entry, or
destroyed by a fire in the premises where such licenses are kept, if he
submits an affidavit to the Department describing the circumstances
pertaining to such theft or causing such destruction and listing therein
the type and numbers of the licenses so stolen or destroyed.
(Source: P.A. 81‑382.)
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(520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
Sec. 3.39.
Residents of the State of Illinois may obtain a Sportsmen's
Combination License which shall entitle the holder to the same
non‑commercial fishing privileges as residents holding a fishing license
described in subparagraph (a) of Section 20‑45 of the Fish and Aquatic Life
Code, and to the same hunting privileges as residents holding a license to
hunt all species, as described in Section 3.1 of this Act. However, no
Sportsmen's Combination License shall be issued to any person who would be
ineligible for either the fishing or hunting license separately. The
Sportsmen's Combination License fee shall be $18.50.
For residents age 65 or older, the fee is one‑half of the fee charged for a
Sportsmen's Combination License.
(Source: P.A. 90‑743, eff. 1‑1‑99.)
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(520 ILCS 5/3.40) (from Ch. 61, par. 3.40)
Sec. 3.40.
Accidents; Reports ‑ Transmittal of information.
Accidents
involving serious personal injury resulting from any action of a person who
is directly involved in a hunting activity with a firearm or bow and arrow
device or directly engaged in a trapping activity under the jurisdiction of
this Act shall be subject to the following:
(a) Any person involved in an accident, as stated above, so far as he
can do so without serious danger to himself and others, if any, shall
render to other persons affected by the accident such assistance as may be
practicable and as may be necessary in order to save them from or minimize
any danger caused by the accident, and also shall give his name and address
to any person injured and to the owner of any property upon which the accident occurred.
(b) In the case of an accident, each person involved, if the accident
results in death or injury to a person, shall file with the Department
a full description of the accident, including such information as the
Department may, by regulation, require. Reports of such accidents must be
filed with the Department on a Department Accident Report form within 5 days.
(c) All required accident reports and supplemental reports are without
prejudice to the individual so reporting, and are for the confidential use
of the Department, except that the Department may disclose the identity of
a person involved in an accident when such identity is not otherwise known
or when such person denies his presence at such accident. No such report
may be used as evidence in any trial, civil or criminal, arising out of an
accident, except that the Department must furnish upon demand of any person
who claims to have made such a report, or upon demand of any court, a
certificate showing that a specified accident report has or has not been
made to the Department, solely to prove a compliance or a failure to comply
with the requirements that such a report be made to the Department.
(Source: P.A. 84‑150.)
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(520 ILCS 5/4.1) (from Ch. 61, par. 4.1)
Sec. 4.1.
Whenever the word "transport" or "ship" is used in this Act, it shall
include parcel post, United States Postal Service, express, freight,
baggage or shipment by common carrier of any description; or by
automobile, motorcycle or other vehicle of any kind; or by water or
aircraft of any kind, or by any other means whatsoever.
Except as provided in Sections 2.18, 3.16, 3.23 and 3.25, it shall be
lawful to ship or transport within the State any of the wild birds or
wild mammals protected herein only if there is attached to every box,
package, crate, or other receptacle containing wild birds or wild
mammals shipped, or offered for shipment, a tag showing the different
varieties of wild birds or wild mammals contained therein, the number of
each variety, the name and address of the consignor, and of the
consignee, and the number of the consignor's license.
It shall be unlawful for any person to carry with him or transport as
baggage on any train or conveyance for which he or she has purchased a
transportation ticket, more than one package at any one time
containing more than the possession limit of wild birds or wild
mammals as provided in this Act. When the package containing the lawful
amount is offered as
baggage, the same shall be plainly labeled to show the name of the
person transporting the same and the place to which it is being
transported.
(Source: P.A. 81‑382.)
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(520 ILCS 5/4.2) (from Ch. 61, par. 4.2)
Sec. 4.2.
It shall be unlawful for a non‑resident of the State to transport from
the State any wild mammals and wild birds protected by the provisions
hereof except when they are carried, opened to inspection, in the personal
possession of the owner thereof, who has in his or her possession at the
time of so doing a non‑resident hunting license, tag or permit.
Migratory game birds may be transported or shipped according to
Federal regulations.
(Source: P.A. 85‑152.)
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(520 ILCS 5/4.3) (from Ch. 61, par. 4.3)
Sec. 4.3.
It shall be unlawful for transportation companies or common carriers
knowingly to transport into this State from without the State, any wild
bird or wild mammal protected under the provisions hereof, illegally taken
and shipped contrary to any laws, rules or regulations of the State of
origin. Migratory game birds may be transported or shipped according to
Federal regulations.
(Source: P. A. 77‑1781.)
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(520 ILCS 5/4.4) (from Ch. 61, par. 4.4)
Sec. 4.4.
Should any court hold any section, subdivision, clause, phrase, or
provision of this Act to be unconstitutional or invalid for any reason
whatsoever such holdings shall not affect the validity of the remaining
portions of this Act.
(Source: P. A. 78‑255.)
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