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HB3760 Enrolled LRB104 12106 BDA 22205 b
1 AN ACT concerning wildlife.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by adding Section 5-45.65 as follows:
6 (5 ILCS 100/5-45.65 new)
7 Sec. 5-45.65. Emergency rulemaking; Department of Natural
8 Resources. To provide for the expeditious and timely
9 implementation of this amendatory Act of the 104th General
10 Assembly, emergency rules implementing the changes made to the
11 Wildlife Code by this amendatory Act of the 104th General
12 Assembly may be adopted in accordance with Section 5-45 by the
13 Department of Natural Resources. The adoption of emergency
14 rules authorized by Section 5-45 and this Section is deemed to
15 be necessary for the public interest, safety, and welfare.
16 This Section is repealed one year after the effective date
17 of this amendatory Act of the 104th General Assembly.
18 Section 10. The Wildlife Code is amended by changing
19 Sections 1.4 and 2.30 as follows:
20 (520 ILCS 5/1.4) (from Ch. 61, par. 1.4)
21 Sec. 1.4. The Department is authorized to make rules and
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1 regulations for carrying out, administering and enforcing the
2 provisions of this Act. These rules and regulations shall be
3 called and hereinafter referred to as administrative rules.
4 Each rule shall be promulgated in accordance with the
5 Illinois Administrative Procedure Act.
6 A copy of any such rule, under the seal of the Department
7 and certified by the Director thereof shall be received in
8 evidence in all courts of this State with the same effect as
9 the original.
10 Such rules, after becoming effective, shall be enforced in
11 the same manner as are any other provisions of this Act and
12 violators thereof are subject to the penalties set out in
13 Section 3.5 of this Act.
14 The Department may adopt emergency rules in accordance
15 with Section 5-45 of the Illinois Administrative Procedure
16 Act. The adoption of emergency rules authorized by Sections
17 5-45 of the Illinois Administrative Procedure Act and this
18 paragraph is deemed to be necessary for the public interest,
19 safety, and welfare.
20 (Source: P.A. 91-357, eff. 7-29-99.)
21 (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
22 Sec. 2.30. Except as provided in this Section, it shall be
23 unlawful for any person to trap or to hunt with a gun, dog, dog
24 and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
25 mink, muskrat, badger, bobcat, and opossum except during the
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1 open season which will be set annually by the Director between
2 12:01 a.m., November 1 to 12:00 midnight, February 15, both
3 inclusive.
4 Except as provided in this Section, it shall be unlawful
5 for any person to trap or to hunt gray fox with a gun, dog, dog
6 and gun, or bow and arrow, except during an open season, which
7 may be set annually by the Director between 12:01 a.m.,
8 November 1 to 12:00 midnight, February 15, both inclusive.
9 When the biological balance of the gray fox is affected for any
10 reason, the Director may, by administrative rule, set the
11 dates of, lengthen, shorten, or close the season during which
12 gray fox may be taken. The Director may also set, lessen, or
13 increase the daily bag limit or possession limit of gray fox by
14 administrative rule.
15 It shall be unlawful for any person to hunt or trap bobcat
16 in this State on and after the effective date of this
17 amendatory Act of the 100th General Assembly in the counties
18 of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
19 Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
20 Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
21 McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
22 Vermilion, Will, Winnebago, and Woodford and north of U.S.
23 Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
24 junction with Illinois Route 121 and north or east of Illinois
25 Route 121 in Macon. For the season beginning in 2017, a total
26 number of 350 bobcats may be hunted or trapped lawfully, or the
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1 conclusion of the season occurs, whichever is earlier. For the
2 season beginning in 2018, a total number of 375 bobcats may be
3 hunted or trapped lawfully, or the conclusion of the season
4 occurs, whichever is earlier. The changes added to this
5 Section by this amendatory Act of the 100th General Assembly,
6 except for this sentence, are inoperative on and after June
7 30, 2019.
8 It is unlawful to pursue any fur-bearing mammal with a dog
9 or dogs between the hours of sunset and sunrise during the 10
10 day period preceding the opening date of the raccoon hunting
11 season and the 10 day period following the closing date of the
12 raccoon hunting season except that the Department may issue
13 field trial permits in accordance with Section 2.34 of this
14 Act. A non-resident from a state with more restrictive
15 fur-bearer pursuit regulations for any particular species than
16 provided for that species in this Act may not pursue that
17 species in Illinois except during the period of time that
18 Illinois residents are allowed to pursue that species in the
19 non-resident's state of residence. Hound running areas
20 approved by the Department shall be exempt from the provisions
21 of this Section.
22 It shall be unlawful to take beaver, river otter, weasel,
23 mink, or muskrat except during the open season set annually by
24 the Director, and then, only with traps, except that a
25 firearm, pistol, or air rifle of a caliber not larger than a
26 .22 long rifle may be used to remove the animal from the trap.
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1 It shall be unlawful for any person to trap beaver or river
2 otter with traps except during the open season which will be
3 set annually by the Director between 12:01 a.m., November 1st
4 and 12:00 midnight, March 31, both inclusive.
5 Coyote may be taken by trapping methods only during the
6 period from September 1 to March 1, both inclusive, and by
7 hunting methods at any time.
8 Striped skunk may be taken by trapping methods only during
9 the period from September 1 to March 1, both inclusive, and by
10 hunting methods at any time.
11 Muskrat may be taken by trapping methods during an open
12 season set annually by the Director.
13 For the purpose of taking fur-bearing mammals, the State
14 may be divided into management zones by administrative rule.
15 It shall be unlawful to take or possess more than the
16 season limit or possession limit of fur-bearing mammals that
17 shall be set annually by the Director. The season limit for
18 bobcat shall not exceed one bobcat per permit. Possession
19 limits shall not apply to fur buyers, tanners, manufacturers,
20 and taxidermists, as defined by this Act, who possess
21 fur-bearing mammals in accordance with laws governing such
22 activities.
23 Nothing in this Section shall prohibit the taking or
24 possessing of fur-bearing mammals found dead or
25 unintentionally killed by a vehicle along a roadway during the
26 open season provided the person who possesses such fur-bearing
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1 mammals has all appropriate licenses, stamps, or permits; the
2 season for which the species possessed is open; and that such
3 possession and disposal of such fur-bearing mammals is
4 otherwise subject to the provisions of this Section.
5 The provisions of this Section are subject to modification
6 by administrative rule.
7 (Source: P.A. 102-837, eff. 5-13-22.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.Every fact on this page links to its source, starting with the official bill record.