Public Act 0019 104TH GENERAL ASSEMBLY

 


 
Public Act 104-0019
 
HB3760 EnrolledLRB104 12106 BDA 22205 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.65 as follows:
 
    (5 ILCS 100/5-45.65 new)
    Sec. 5-45.65. Emergency rulemaking; Department of Natural
Resources. To provide for the expeditious and timely
implementation of this amendatory Act of the 104th General
Assembly, emergency rules implementing the changes made to the
Wildlife Code by this amendatory Act of the 104th General
Assembly may be adopted in accordance with Section 5-45 by the
Department of Natural Resources. The adoption of emergency
rules authorized by Section 5-45 and this Section is deemed to
be necessary for the public interest, safety, and welfare.
    This Section is repealed one year after the effective date
of this amendatory Act of the 104th General Assembly.
 
    Section 10. The Wildlife Code is amended by changing
Sections 1.4 and 2.30 as follows:
 
    (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.
    The Department may adopt emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure
Act. The adoption of emergency rules authorized by Sections
5-45 of the Illinois Administrative Procedure Act and this
paragraph is deemed to be necessary for the public interest,
safety, and welfare.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
    Sec. 2.30. Except as provided in this Section, it shall be
unlawful for any person to trap or to hunt with a gun, dog, dog
and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
mink, muskrat, badger, bobcat, 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.
    Except as provided in this Section, it shall be unlawful
for any person to trap or to hunt gray fox with a gun, dog, dog
and gun, or bow and arrow, except during an open season, which
may be set annually by the Director between 12:01 a.m.,
November 1 to 12:00 midnight, February 15, both inclusive.
When the biological balance of the gray fox is affected for any
reason, the Director may, by administrative rule, set the
dates of, lengthen, shorten, or close the season during which
gray fox may be taken. The Director may also set, lessen, or
increase the daily bag limit or possession limit of gray fox by
administrative rule.
    It shall be unlawful for any person to hunt or trap bobcat
in this State on and after the effective date of this
amendatory Act of the 100th General Assembly in the counties
of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
Vermilion, Will, Winnebago, and Woodford and north of U.S.
Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
junction with Illinois Route 121 and north or east of Illinois
Route 121 in Macon. For the season beginning in 2017, a total
number of 350 bobcats may be hunted or trapped lawfully, or the
conclusion of the season occurs, whichever is earlier. For the
season beginning in 2018, a total number of 375 bobcats may be
hunted or trapped lawfully, or the conclusion of the season
occurs, whichever is earlier. The changes added to this
Section by this amendatory Act of the 100th General Assembly,
except for this sentence, are inoperative on and after June
30, 2019.
    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. Hound running areas
approved by the Department shall be exempt from the provisions
of this Section.
    It shall be unlawful to take beaver, river otter, weasel,
mink, or muskrat except during the open season set annually by
the Director, and then, only with traps, except that a
firearm, pistol, or air rifle of a caliber not larger than a
.22 long rifle may be used to remove the animal from the trap.
    It shall be unlawful for any person to trap beaver or river
otter 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, both inclusive.
    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.
    Muskrat may be taken by trapping methods during an open
season set annually by the Director.
    For the purpose of taking fur-bearing mammals, the State
may be divided into management zones by administrative rule.
    It shall be unlawful to take or possess more than the
season limit or possession limit of fur-bearing mammals that
shall be set annually by the Director. The season limit for
bobcat shall not exceed one bobcat per permit. Possession
limits shall not apply to fur buyers, tanners, manufacturers,
and taxidermists, as defined by this Act, who possess
fur-bearing mammals in accordance with laws governing such
activities.
    Nothing in this Section shall prohibit the taking or
possessing of fur-bearing mammals found dead or
unintentionally killed by a vehicle along a roadway during the
open season provided the person who possesses such fur-bearing
mammals has all appropriate licenses, stamps, or permits; the
season for which the species possessed is open; and that such
possession and disposal of such fur-bearing mammals is
otherwise subject to the provisions of this Section.
    The provisions of this Section are subject to modification
by administrative rule.
(Source: P.A. 102-837, eff. 5-13-22.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.