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92_HB0417eng
HB0417 Engrossed LRB9204147TAtm
1 AN ACT concerning wildlife.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Wildlife Code is amended by changing
5 Sections 2.25 and 2.26 as follows:
6 (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
7 Sec. 2.25. It shall be unlawful for any person to take
8 deer except (i) with a shotgun or muzzleloading rifle or (ii)
9 as provided by administrative rule, with a bow and arrow, or
10 crossbow device for handicapped persons as defined in Section
11 2.33, during the open season that of not more than 14 days
12 which will be set annually by the Director between the dates
13 of November 1st and December 31st, both inclusive.
14 It shall be unlawful for any person to take deer except
15 with a bow and arrow, or crossbow device for handicapped
16 persons (as defined in Section 2.33), during the open season
17 for bow and arrow set annually by the Director between the
18 dates of September 1st and January 31st, both inclusive.
19 It shall be unlawful for any person to take deer except
20 with (i) a muzzleloading rifle, or (ii) bow and arrow, or
21 crossbow device for handicapped persons as defined in Section
22 2.33, during the open season for muzzleloading rifles set
23 annually by the Director.
24 The Director shall cause an administrative rule setting
25 forth the prescribed rules and regulations, including bag and
26 possession limits and those counties of the State where open
27 seasons are established, to be published in accordance with
28 Sections 1.3 and 1.13 of this Act.
29 The Department is authorized to establish a separate
30 harvest period at specific sites within the State for the
31 purpose of harvesting surplus deer that cannot be taken
HB0417 Engrossed -2- LRB9204147TAtm
1 during the regular season provided for the taking of deer.
2 This season shall be restricted to gun or bow and arrow
3 hunting only and shall be established during the period of
4 September 1st to February 15th, both inclusive. The
5 Department shall publish suitable prescribed rules and
6 regulations established by administrative rule pertaining to
7 management restrictions applicable to this special harvest
8 program.
9 (Source: P.A. 86-1188; 87-126; 87-234; 87-895; 87-1015;
10 87-1243; 87-1268.)
11 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
12 Sec. 2.26. Any person attempting to take deer shall
13 first obtain a "Deer Hunting Permit" in accordance with
14 prescribed regulations set forth in an Administrative Rule.
15 Deer Hunting Permits shall be issued by the Department. The
16 fee for a Deer Hunting Permit to take deer with either bow
17 and arrow or gun shall not exceed $15.00 for residents of the
18 State. The Department may by administrative rule provide for
19 non-resident deer hunting permits for which the fee will not
20 exceed $100 except as provided below for non-resident
21 landowners. Permits shall be issued without charge to:
22 (a) Illinois landowners residing in Illinois who
23 own at least 40 acres of Illinois land and wish to hunt
24 their land only,
25 (b) resident tenants of at least 40 acres of
26 commercial agricultural land where they will hunt, and
27 (c) shareholders of a corporation which owns at
28 least 40 acres of land in a county in Illinois who wish
29 to hunt on the corporation's land only. One permit shall
30 be issued without charge to one shareholder for each 40
31 acres of land owned by the corporation in a county;
32 however, the number of permits issued without charge to
33 shareholders of any corporation in any county shall not
HB0417 Engrossed -3- LRB9204147TAtm
1 exceed 15.
2 Bona fide landowners or tenants who do not wish to hunt
3 only on the land they own, rent or lease or shareholders who
4 do not wish to hunt only on the land owned by the corporation
5 shall be charged the same fee as the applicant who is not a
6 landowner, tenant or shareholder. Nonresidents of Illinois
7 who own at least 40 acres of land and wish to hunt on their
8 land only shall be charged a fee set by administrative rule.
9 The method for obtaining these permits shall be prescribed by
10 administrative rule.
11 The deer hunting permit issued without fee shall be valid
12 on all farm lands which the person to whom it is issued owns,
13 leases or rents, except that in the case of a permit issued
14 to a shareholder, the permit shall be valid on all lands
15 owned by the corporation in the county.
16 The Department may set aside, in accordance with the
17 prescribed regulations set forth in an administrative rule of
18 the Department, a limited number of Deer Hunting Permits to
19 be available to persons providing evidence of a contractual
20 arrangement to hunt on properties controlled by a bona fide
21 Illinois outfitter. The number of available permits shall be
22 based on a percentage of unfilled permits remaining after the
23 previous year's lottery. Eligible outfitters shall be those
24 having membership in, and accreditation conferred by, a
25 professional association of outfitters approved by the
26 Department. The association shall be responsible for setting
27 professional standards and codes of conduct for its
28 membership, subject to Departmental approval. In addition to
29 the fee normally charged for resident and nonresident
30 permits, a reservation fee not to exceed $200 shall be
31 charged to the outfitter for each permit set aside in
32 accordance with this Act. The reservation fee shall be
33 deposited into the Wildlife and Fish Fund.
34 The standards and specifications for use of guns and bow
HB0417 Engrossed -4- LRB9204147TAtm
1 and arrow for deer hunting shall be established by
2 administrative rule.
3 No person may have in his possession while hunting deer
4 any type of gun firearm not authorized by the appropriate
5 administrative rule regulating that deer hunting activity.
6 for a specific hunting season when taking deer.
7 Persons having a firearm deer hunting permit shall be
8 permitted to take deer only during the period from 1/2 hour
9 before sunrise to sunset, and only during those days for
10 which an open season is established for the taking of deer by
11 use of shotgun or muzzle loading rifle.
12 Persons having an archery deer hunting permit shall be
13 permitted to take deer only during the period from 1/2 hour
14 before sunrise to 1/2 hour after sunset, and only during
15 those days for which an open season is established for the
16 taking of deer by use of bow and arrow.
17 It shall be unlawful for any person to take deer by use
18 of dogs, horses, automobiles, aircraft or other vehicles, or
19 by the use of salt or bait of any kind. An area is
20 considered as baited during the presence of and for 10
21 consecutive days following the removal of bait.
22 It shall be unlawful to possess or transport any wild
23 deer which has been injured or killed in any manner upon a
24 public highway or public right-of-way of this State unless
25 exempted by administrative rule.
26 Persons hunting deer must have gun unloaded and no bow
27 and arrow device shall be carried with the arrow in the
28 nocked position during hours when deer hunting is unlawful.
29 It shall be unlawful for any person, having taken the
30 legal limit of deer by gun, to further participate with gun
31 in any deer hunting party.
32 It shall be unlawful for any person, having taken the
33 legal limit of deer by bow and arrow, to further participate
34 with bow and arrow in any deer hunting party.
HB0417 Engrossed -5- LRB9204147TAtm
1 The Department may prohibit upland game hunting during
2 the gun deer season by administrative rule.
3 It shall be legal for handicapped persons, as defined in
4 Section 2.33, to utilize a crossbow device, as defined in
5 Department rules, to take deer.
6 Any person who violates any of the provisions of this
7 Section, including administrative rules, shall be guilty of a
8 Class B misdemeanor.
9 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
10 90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)
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