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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, 2.26, and 2.33 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 deer
8 except (i) with a shotgun, centerfire handgun, centerfire
9 revolver, single shot centerfire rifle, or muzzleloading rifle
10 or (ii) as provided by administrative rule, with a bow and
11 arrow, during the open season of not more than 14 days which
12 will be set annually by the Director between the dates of
13 November 1st and December 31st, both inclusive, or a special
14 3-day, youth-only season between the dates of September 1 and
15 October 31. For the purposes of this Section, legal handguns
16 and rifles are limited to centerfire revolvers, centerfire
17 handguns capable of holding not more than 3 rounds in the
18 magazine and chamber combined, that are either a single shot
19 or revolver and centerfire rifles that are capable of holding
20 not more than 3 rounds in the magazine and chamber combined
21 single shot. If a centerfire handgun or centerfire rifle is
22 capable of holding more than 3 rounds, it shall be fitted with
23 a one-piece plug that is irremovable without dismantling the
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1 handgun or rifle or it shall be otherwise altered to render it
2 incapable of holding more than 3 rounds in the magazine and
3 chamber combined without dismantling the handgun or rifle. The
4 only legal ammunition for a centerfire handgun or rifle is a
5 bottleneck centerfire cartridge of .30 caliber or larger with
6 a case length not exceeding one and two-fifths inches, or a
7 straight-walled centerfire cartridge of .30 caliber or larger,
8 both of which must be available as a factory load with the
9 published ballistic tables of the manufacturer showing a
10 capability of at least 500 foot pounds of energy at the muzzle.
11 The barrel of a handgun shall be at least 4 inches. Full metal
12 jacket bullets may not be used to harvest deer. Any other
13 standards and specifications for use of guns, ammunition, and
14 bow and arrow for deer hunting shall be established by
15 administrative rule.
16 No person may have in his or her possession any firearm not
17 authorized by administrative rule for a specific hunting
18 season when taking deer unless in accordance with the Firearm
19 Concealed Carry Act.
20 The Department shall make administrative rules concerning
21 management restrictions applicable to the firearm and bow and
22 arrow season.
23 It shall be unlawful for any person to take deer except
24 with a bow and arrow during the open season for bow and arrow
25 set annually by the Director between the dates of September
26 1st and January 31st, both inclusive.
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1 It shall be unlawful for any person to take deer except
2 with (i) a muzzleloading rifle or (ii) bow and arrow during the
3 open season for muzzleloading rifles set annually by the
4 Director.
5 The Director shall cause an administrative rule setting
6 forth the prescribed rules and regulations, including bag and
7 possession limits and those counties of the State where open
8 seasons are established, to be published in accordance with
9 Sections 1.3 and 1.13 of this Act.
10 The Department may establish separate harvest periods for
11 the purpose of managing or eradicating disease that has been
12 found in the deer herd. This season shall be restricted to gun
13 or bow and arrow hunting only. The Department shall publicly
14 announce, via statewide news release, the season dates and
15 shooting hours, the counties and sites open to hunting.
16 The Department is authorized to establish a separate
17 harvest period at specific sites within the State for the
18 purpose of harvesting surplus deer that cannot be taken during
19 the regular season provided for the taking of deer. This
20 season shall be restricted to gun or bow and arrow hunting only
21 and shall be established during the period of September 1st to
22 February 15th, both inclusive. The Department shall publicly
23 announce, via statewide news release, the season dates and
24 shooting hours, and the counties and sites open to hunting.
25 The Department shall publish suitable prescribed rules and
26 regulations established by administrative rule pertaining to
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1 management restrictions applicable to this special harvest
2 program. The Department shall allow unused gun deer permits
3 that are left over from a regular season for the taking of deer
4 to be rolled over and used during any separate harvest period
5 held within 6 months of the season for which those tags were
6 issued at no additional cost to the permit holder subject to
7 the management restrictions applicable to the special harvest
8 program.
9 If the Department is using its sharpshooting program to
10 manage chronic wasting disease in a deer herd that is found in
11 a county in the State and if no cases of that disease have been
12 identified in that herd in the preceding 3 calendar years,
13 then the Department shall end the use of that program to manage
14 chronic wasting disease in that county. However, the program
15 may be reinstituted within the county if chronic wasting
16 disease is again identified in that herd.
17 Beginning July 1, 2019, and on an annual basis thereafter,
18 the Department shall provide a report to the General Assembly
19 providing information regarding deer management programs
20 established by the Code or by administrative rule that
21 includes: (1) the number of surplus deer taken during each
22 separate harvest season; (2) the number of deer found to have a
23 communicable disease or other abnormality; and (3) what
24 happens to the deer taken during each separate harvest season.
25 (Source: P.A. 104-58, eff. 1-1-26.)
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1 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
2 Sec. 2.26. Deer hunting permits. Any person attempting to
3 take deer shall first obtain a "Deer Hunting Permit" issued by
4 the Department in accordance with its administrative rules.
5 Those rules must provide for the issuance of the following
6 types of resident deer archery permits: (i) a combination
7 permit, consisting of one either-sex permit and one
8 antlerless-only permit, (ii) a single antlerless-only permit,
9 and (iii) a single either-sex permit. The fee for a Deer
10 Hunting Permit to take deer with either bow and arrow or gun
11 shall not exceed $25 for residents of the State. The
12 Department may by administrative rule provide for non-resident
13 deer hunting permits for which the fee will not exceed $300 in
14 2005, $350 in 2006, and $400 in 2007 and thereafter except as
15 provided below for non-resident landowners and non-resident
16 archery hunters. The Department may by administrative rule
17 provide for a non-resident archery deer permit consisting of
18 not more than 2 harvest tags at a total cost not to exceed $325
19 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
20 fees for a youth resident and non-resident archery deer permit
21 shall be the same.
22 The Department shall create a pilot program during the
23 special 3-day, youth-only deer hunting season to allow for
24 youth deer hunting permits that are valid statewide, excluding
25 those counties or portions of counties closed to firearm deer
26 hunting. The Department shall adopt rules to implement the
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1 pilot program. Hunters qualifying to participate in a
2 youth-only deer season shall be eligible for one either-sex
3 permit and one antlerless-only permit. Nothing in this
4 paragraph shall be construed to prohibit the Department from
5 issuing Special Hunt Area Permits for the youth-only deer
6 hunting season or establishing, through administrative rule,
7 additional requirements pertaining to the youth-only deer
8 hunting season on Department-owned or Department-managed
9 sites, including site-specific quotas or drawings. The
10 provisions of this paragraph are inoperative on and after
11 January 1, 2023.
12 The standards and specifications for use of guns and bow
13 and arrow for deer hunting shall be established by
14 administrative rule.
15 No person may have in his or her possession any firearm not
16 authorized by administrative rule for a specific hunting
17 season when taking deer unless in accordance with the Firearm
18 Concealed Carry Act.
19 Persons having a firearm deer hunting permit shall be
20 permitted to take deer only during the period from 1/2 hour
21 before sunrise to 1/2 hour after sunset, and only during those
22 days for which an open season is established for the taking of
23 deer by use of shotgun, handgun, rifle, or muzzle loading
24 rifle.
25 Persons having an archery deer hunting permit shall be
26 permitted to take deer only during the period from 1/2 hour
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1 before sunrise to 1/2 hour after sunset, and only during those
2 days for which an open season is established for the taking of
3 deer by use of bow and arrow.
4 It shall be unlawful for any person to take deer by use of
5 dogs, horses, automobiles, aircraft, or other vehicles, or by
6 the use or aid of bait or baiting of any kind. For the purposes
7 of this Section, "bait" means any material, whether liquid or
8 solid, including food, salt, minerals, and other products,
9 except pure water, that can be ingested, placed, or scattered
10 in such a manner as to attract or lure white-tailed deer.
11 "Baiting" means the placement or scattering of bait to attract
12 deer. An area is considered as baited during the presence of
13 and for 10 consecutive days following the removal of bait.
14 Nothing in this Section shall prohibit the use of a dog to
15 track wounded deer. Any person using a dog for tracking
16 wounded deer must maintain physical control of the dog at all
17 times by means of a maximum 50-foot lead attached to the dog's
18 collar or harness. Tracking wounded deer is permissible at
19 night, but at no time outside of legal deer hunting hours or
20 seasons shall any person handling or accompanying a dog being
21 used for tracking wounded deer be in possession of any firearm
22 or archery device. Persons tracking wounded deer with a dog
23 during the firearm deer seasons shall wear blaze orange or
24 solid blaze pink color as required. Dog handlers tracking
25 wounded deer with a dog are exempt from hunting license and
26 deer permit requirements so long as they are accompanied by
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1 the licensed deer hunter who wounded the deer.
2 It shall be unlawful to possess or transport any wild deer
3 which has been injured or killed in any manner upon a public
4 highway or public right-of-way of this State unless exempted
5 by administrative rule.
6 Persons hunting deer must have the gun unloaded and no bow
7 and arrow device shall be carried with the arrow in the nocked
8 position during hours when deer hunting is unlawful.
9 It shall be unlawful for any person, having taken the
10 legal limit of deer by gun, to further participate with a gun
11 in any deer hunting party.
12 It shall be unlawful for any person, having taken the
13 legal limit of deer by bow and arrow, to further participate
14 with bow and arrow in any deer hunting party.
15 The Department may prohibit upland game hunting during the
16 gun deer season by administrative rule.
17 The Department shall not limit the number of non-resident,
18 either-sex archery deer hunting permits to less than 20,000.
19 Any person who violates any of the provisions of this
20 Section, including administrative rules, shall be guilty of a
21 Class B misdemeanor.
22 For the purposes of calculating acreage under this
23 Section, the Department shall, after determining the total
24 acreage of the applicable tract or tracts of land, round
25 remaining fractional portions of an acre greater than or equal
26 to half of an acre up to the next whole acre.
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1 For the purposes of taking white-tailed deer, nothing in
2 this Section shall be construed to prevent the manipulation,
3 including mowing or cutting, of standing crops as a normal
4 agricultural or soil stabilization practice, food plots, or
5 normal agricultural practices, including planting, harvesting,
6 and maintenance such as cultivating or the use of products
7 designed for scent only and not capable of ingestion, solid or
8 liquid, placed or scattered, in such a manner as to attract or
9 lure deer. Such manipulation for the purpose of taking
10 white-tailed deer may be further modified by administrative
11 rule.
12 (Source: P.A. 104-361, eff. 1-1-26; 104-417, eff. 8-15-25.)
13 (520 ILCS 5/2.33)
14 Sec. 2.33. Prohibitions.
15 (a) It is unlawful to carry or possess any gun in any State
16 refuge unless otherwise permitted by administrative rule.
17 (b) It is unlawful to use or possess any snare or
18 snare-like device, deadfall, net, or pit trap to take any
19 species, except that snares not powered by springs or other
20 mechanical devices may be used to trap fur-bearing mammals, in
21 water sets only, if at least one-half of the snare noose is
22 located underwater at all times.
23 (c) It is unlawful for any person at any time to take a
24 wild mammal protected by this Act from its den by means of any
25 mechanical device, spade, or digging device or to use smoke or
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1 other gases to dislodge or remove such mammal except as
2 provided in Section 2.37.
3 (d) It is unlawful to use a ferret or any other small
4 mammal which is used in the same or similar manner for which
5 ferrets are used for the purpose of frightening or driving any
6 mammals from their dens or hiding places.
7 (e) (Blank).
8 (f) It is unlawful to use spears, gigs, hooks, or any like
9 device to take any species protected by this Act.
10 (g) It is unlawful to use poisons, chemicals, or
11 explosives for the purpose of taking any species protected by
12 this Act.
13 (h) It is unlawful to hunt adjacent to or near any peat,
14 grass, brush, or other inflammable substance when it is
15 burning.
16 (i) It is unlawful to take, pursue or intentionally harass
17 or disturb in any manner any wild birds or mammals by use or
18 aid of any vehicle, conveyance, or unmanned aircraft as
19 defined by the Illinois Aeronautics Act, except as permitted
20 by the Code of Federal Regulations for the taking of
21 waterfowl; except that nothing in this subsection shall
22 prohibit the use of unmanned aircraft in the inspection of a
23 public utility facility, tower, or structure or a mobile
24 service facility, tower, or structure by a public utility, as
25 defined in Section 3-105 of the Public Utilities Act, or a
26 provider of mobile services as defined in Section 153 of Title
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1 47 of the United States Code. It is also unlawful to use the
2 lights of any vehicle or conveyance, any light connected to
3 any vehicle or conveyance, or any other lighting device or
4 mechanism from inside or on a vehicle or conveyance in any area
5 where wildlife may be found except in accordance with Section
6 2.37 of this Act; however, nothing in this Section shall
7 prohibit the normal use of headlamps for the purpose of
8 driving upon a roadway. For purposes of this Section, any
9 other lighting device or mechanism shall include, but not be
10 limited to, any device that uses infrared or other light not
11 visible to the naked eye, electronic image intensification,
12 active illumination, thermal imaging, or night vision. Striped
13 skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
14 may be taken during the open season by use of a small light
15 which is worn on the body or hand-held by a person on foot and
16 not in any vehicle.
17 (j) It is unlawful to use any shotgun larger than 10 gauge
18 while taking or attempting to take any of the species
19 protected by this Act.
20 (k) It is unlawful to use or possess in the field any
21 shotgun shell loaded with a shot size larger than lead BB or
22 steel T (.20 diameter) when taking or attempting to take any
23 species of wild game mammals (excluding white-tailed deer),
24 wild game birds, migratory waterfowl or migratory game birds
25 protected by this Act, except white-tailed deer as provided
26 for in Section 2.26 and other species as provided for by
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1 subsection (l) or administrative rule.
2 (l) It is unlawful to take any species of wild game, except
3 white-tailed deer and fur-bearing mammals, with a shotgun
4 loaded with slugs unless otherwise provided for by
5 administrative rule.
6 (m) It is unlawful to use any shotgun capable of holding
7 more than 3 shells in the magazine or chamber combined, except
8 on game breeding and hunting preserve areas licensed under
9 Section 3.27 and except as permitted by the Code of Federal
10 Regulations for the taking of waterfowl. If the shotgun is
11 capable of holding more than 3 shells, it shall, while being
12 used on an area other than a game breeding and shooting
13 preserve area licensed pursuant to Section 3.27, be fitted
14 with a one-piece plug that is irremovable without dismantling
15 the shotgun or otherwise altered to render it incapable of
16 holding more than 3 shells in the magazine and chamber,
17 combined.
18 (n) It is unlawful for any person, except persons who
19 possess a permit to hunt from a vehicle as provided in this
20 Section and persons otherwise permitted by law, to have or
21 carry any gun in or on any vehicle, conveyance, or aircraft,
22 unless such gun is unloaded and enclosed in a case, except that
23 at field trials authorized by Section 2.34 of this Act,
24 unloaded guns or guns loaded with blank cartridges only may be
25 carried on horseback while not contained in a case, or to have
26 or carry any bow or arrow device in or on any vehicle unless
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1 such bow or arrow device is unstrung or enclosed in a case, or
2 otherwise made inoperable unless in accordance with the
3 Firearm Concealed Carry Act.
4 (o) (Blank).
5 (p) It is unlawful to take game birds, migratory game
6 birds or migratory waterfowl with a rifle, pistol, revolver,
7 or air rifle.
8 (q) It is unlawful to fire a rifle, pistol, revolver, or
9 air rifle on, over, or into any waters of this State, including
10 frozen waters.
11 (r) It is unlawful to discharge any gun or bow and arrow
12 device along, upon, across, or from any public right-of-way or
13 highway in this State.
14 (s) It is unlawful to use a silencer or other device to
15 muffle or mute the sound of the explosion or report resulting
16 from the firing of any gun.
17 (t) It is unlawful for any person to take or attempt to
18 take any species of wildlife or parts thereof, or allow a dog
19 to hunt, within or upon the land of another, or upon waters
20 flowing over or standing on the land of another, or to
21 knowingly shoot a gun or bow and arrow device at any wildlife
22 physically on or flying over the property of another without
23 first obtaining permission from the owner or the owner's
24 designee. For the purposes of this Section, the owner's
25 designee means anyone who the owner designates in a written
26 authorization and the authorization must contain (i) the legal
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1 or common description of property for which such authority is
2 given, (ii) the extent that the owner's designee is authorized
3 to make decisions regarding who is allowed to take or attempt
4 to take any species of wildlife or parts thereof, and (iii) the
5 owner's notarized signature. Before enforcing this Section,
6 the law enforcement officer must have received notice from the
7 owner or the owner's designee of a violation of this Section.
8 Statements made to the law enforcement officer regarding this
9 notice shall not be rendered inadmissible by the hearsay rule
10 when offered for the purpose of showing the required notice.
11 (u) It is unlawful for any person to discharge any firearm
12 for the purpose of taking any of the species protected by this
13 Act, or hunt with gun or dog, or allow a dog to hunt, within
14 300 yards of an inhabited dwelling without first obtaining
15 permission from the owner or tenant, except that while
16 trapping, hunting with bow and arrow, hunting with dog and
17 shotgun using shot shells only, or hunting with shotgun using
18 shot shells only, or providing outfitting services under a
19 waterfowl outfitter permit, or on licensed game breeding and
20 hunting preserve areas, as defined in Section 3.27, on
21 federally owned and managed lands and on Department owned,
22 managed, leased, or controlled lands, a 100 yard restriction
23 shall apply.
24 (v) It is unlawful for any person to remove fur-bearing
25 mammals from, or to move or disturb in any manner, the traps
26 owned by another person without written authorization of the
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1 owner to do so.
2 (w) It is unlawful for any owner of a dog to allow his or
3 her dog to pursue, harass, or kill deer, except that nothing in
4 this Section shall prohibit the tracking of wounded deer with
5 a dog in accordance with the provisions of Section 2.26 of this
6 Code.
7 (x) It is unlawful for any person to wantonly or
8 carelessly injure or destroy, in any manner whatsoever, any
9 real or personal property on the land of another while engaged
10 in hunting or trapping thereon.
11 (y) It is unlawful to hunt wild game protected by this Act
12 between one-half hour after sunset and one-half hour before
13 sunrise, except that hunting hours between one-half hour after
14 sunset and one-half hour before sunrise may be established by
15 administrative rule for fur-bearing mammals.
16 (z) It is unlawful to take any game bird (excluding wild
17 turkeys and crippled pheasants not capable of normal flight
18 and otherwise irretrievable) protected by this Act when not
19 flying. Nothing in this Section shall prohibit a person from
20 carrying an uncased, unloaded shotgun in a boat, while in
21 pursuit of a crippled migratory waterfowl that is incapable of
22 normal flight, for the purpose of attempting to reduce the
23 migratory waterfowl to possession, provided that the attempt
24 is made immediately upon downing the migratory waterfowl and
25 is done within 400 yards of the blind from which the migratory
26 waterfowl was downed. This exception shall apply only to
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1 migratory game birds that are not capable of normal flight.
2 Migratory waterfowl that are crippled may be taken only with a
3 shotgun as regulated by subsection (j) of this Section using
4 shotgun shells as regulated in subsection (k) of this Section.
5 (aa) It is unlawful to use or possess any device that may
6 be used for tree climbing or cutting while hunting fur-bearing
7 mammals, excluding coyotes. However, coyotes may not be hunted
8 utilizing these devices during open season for deer except by
9 properly licensed deer hunters.
10 (bb) It is unlawful for any person, except licensed game
11 breeders, pursuant to Section 2.29 to import, carry into, or
12 possess alive in this State any species of wildlife taken
13 outside of this State, without obtaining permission to do so
14 from the Director.
15 (cc) It is unlawful for any person to have in his or her
16 possession any freshly killed species protected by this Act
17 during the season closed for taking.
18 (dd) It is unlawful to take any species protected by this
19 Act and retain it alive except as provided by administrative
20 rule.
21 (ee) It is unlawful to possess any rifle while in the field
22 during gun deer season except as provided in Sections 2.25 and
23 2.26 and administrative rules.
24 (ff) It is unlawful for any person to take any species
25 protected by this Act, except migratory waterfowl, during the
26 gun deer hunting season in those counties open to gun deer
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1 hunting, unless he or she wears, when in the field, a cap and
2 upper outer garment of a solid blaze orange color or solid
3 blaze pink color, with such articles of clothing displaying a
4 minimum of 400 square inches of blaze orange or solid blaze
5 pink color material.
6 (gg) It is unlawful during the upland game season for any
7 person to take upland game with a firearm unless he or she
8 wears, while in the field, a cap of solid blaze orange color or
9 solid blaze pink color. For purposes of this Act, upland game
10 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
11 Pheasant, Eastern Cottontail, and Swamp Rabbit.
12 (hh) It shall be unlawful to kill or cripple any species
13 protected by this Act for which there is a bag limit without
14 making a reasonable effort to retrieve such species and
15 include such in the bag limit. It shall be unlawful for any
16 person having control over harvested game mammals, game birds,
17 or migratory game birds for which there is a bag limit to
18 wantonly waste or destroy the usable meat of the game, except
19 this shall not apply to wildlife taken under Sections 2.37 or
20 3.22 of this Code. For purposes of this subsection, "usable
21 meat" means the breast meat of a game bird or migratory game
22 bird and the hind ham and front shoulders of a game mammal. It
23 shall be unlawful for any person to place, leave, dump, or
24 abandon a wildlife carcass or parts of it along or upon a
25 public right-of-way or highway or on public or private
26 property, including a waterway or stream, without the
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1 permission of the owner or tenant. It shall not be unlawful to
2 discard game meat that is determined to be unfit for human
3 consumption.
4 (ii) This Section shall apply only to those species
5 protected by this Act taken within the State. Any species or
6 any parts thereof, legally taken in and transported from other
7 states or countries, may be possessed within the State, except
8 as provided in this Section and Sections 2.35, 2.36, and 3.21.
9 (jj) (Blank).
10 (kk) Nothing contained in this Section shall prohibit the
11 Director from issuing permits to paraplegics or to other
12 persons with disabilities who meet the requirements set forth
13 in administrative rule to shoot or hunt from a vehicle as
14 provided by that rule, provided that such is otherwise in
15 accord with this Act.
16 (ll) Nothing contained in this Act shall prohibit the
17 taking of aquatic life protected by the Fish and Aquatic Life
18 Code or birds and mammals protected by this Act, except deer
19 and fur-bearing mammals, from a boat not camouflaged or
20 disguised to alter its identity or to further provide a place
21 of concealment and not propelled by sail or mechanical power.
22 However, only shotguns not larger than 10 gauge nor smaller
23 than .410 bore loaded with not more than 3 shells of a shot
24 size no larger than lead BB or steel T (.20 diameter) may be
25 used to take species protected by this Act.
26 (mm) Nothing contained in this Act shall prohibit the use
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1 of a shotgun, not larger than 10 gauge nor smaller than a 20
2 gauge, with a rifled barrel.
3 (nn) It shall be unlawful to possess any species of
4 wildlife or wildlife parts taken unlawfully in Illinois, any
5 other state, or any other country, whether or not the wildlife
6 or wildlife parts are indigenous to Illinois. For the purposes
7 of this subsection, the statute of limitations for unlawful
8 possession of wildlife or wildlife parts shall not cease until
9 2 years after the possession has permanently ended.
10 (oo) It is unlawful while deer hunting: (1) to possess, or
11 be in close proximity to a rifle that is not centerfire; or (2)
12 be in close proximity to, or to be in possession of or in close
13 proximity to a magazine that is capable of making a rifle not a
14 single shot. use a rifle, handgun, revolver, or muzzleloading
15 rifle or a magazine that is not in compliance with Section 2.25
16 or administrative rules adopted pursuant to this Act.
17 (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
18 102-932, eff. 1-1-23; 103-154, eff. 6-30-23.)
19 (520 ILCS 5/1.2bb rep.)
20 Section 10. The Wildlife Code is amended by repealing
21 Section 1.2bb.Every fact on this page links to its source, starting with the official bill record.