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| 1 | AN ACT concerning wildlife.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Wildlife Code is amended by changing | ||||||
| 5 | Sections 2.33 and 2.33a as follows:
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| 6 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| 7 | Sec. 2.33. Prohibitions.
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| 8 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
| 9 | refuge unless otherwise permitted by administrative rule.
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| 10 | (b) It is unlawful to use or possess any cable restraint
| ||||||
| 11 | snare or like
snare-like device,
deadfall, net, or pit trap to | ||||||
| 12 | take any species, except that cable restraints
snares not
| ||||||
| 13 | powered by springs, spring poles, or other mechanical devices | ||||||
| 14 | may be used to trap
fur-bearing mammals on land with written | ||||||
| 15 | permission from the land owner or tenant of the land , in water | ||||||
| 16 | sets only, if at least one-half of the snare
noose is located | ||||||
| 17 | underwater at all times.
| ||||||
| 18 | (c) It is unlawful for any person at any time to take a | ||||||
| 19 | wild mammal
protected by this Act from its den by means of any | ||||||
| 20 | mechanical device,
spade, or digging device or to use smoke or | ||||||
| 21 | other gases to dislodge or
remove such mammal except as | ||||||
| 22 | provided in Section 2.37.
| ||||||
| 23 | (d) It is unlawful to use a ferret or any other small | ||||||
| 24 | mammal which is
used in the same or similar manner for which | ||||||
| 25 | ferrets are used for the
purpose of frightening or driving any | ||||||
| 26 | mammals from their dens or hiding places.
| ||||||
| 27 | (e) (Blank).
| ||||||
| 28 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
| 29 | device to
take any species protected by this Act.
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| 30 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
| 31 | for the
purpose of taking any species protected by this Act.
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| 32 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
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| |||||||
| 1 | grass,
brush or other inflammable substance when it is burning.
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| 2 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
| 3 | or disturb
in any manner any wild birds or mammals by use or | ||||||
| 4 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
| 5 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
| 6 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
| 7 | any light from or any light connected to the
vehicle or | ||||||
| 8 | conveyance in any area where wildlife may be found except in
| ||||||
| 9 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
| 10 | this
Section shall prohibit the normal use of headlamps for the | ||||||
| 11 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
| 12 | fox, gray
fox, raccoon and coyote may be taken during the open | ||||||
| 13 | season by use of a small
light which is worn on the body or | ||||||
| 14 | hand-held by a person on foot and not in any
vehicle.
| ||||||
| 15 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
| 16 | while
taking or attempting to take any of the species protected | ||||||
| 17 | by this Act.
| ||||||
| 18 | (k) It is unlawful to use or possess in the field any | ||||||
| 19 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
| 20 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
| 21 | species of wild game mammals (excluding white-tailed
deer), | ||||||
| 22 | wild game birds, migratory waterfowl or migratory game birds | ||||||
| 23 | protected
by this Act, except white-tailed deer as provided for | ||||||
| 24 | in Section 2.26 and other
species as provided for by subsection | ||||||
| 25 | (l) or administrative rule.
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| 26 | (l) It is unlawful to take any species of wild game, except
| ||||||
| 27 | white-tailed deer, with a shotgun loaded with slugs unless | ||||||
| 28 | otherwise
provided for by administrative rule.
| ||||||
| 29 | (m) It is unlawful to use any shotgun capable of holding | ||||||
| 30 | more than 3
shells in the magazine or chamber combined, except | ||||||
| 31 | on game breeding and
hunting preserve areas licensed under | ||||||
| 32 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
| 33 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
| 34 | capable of holding more than 3 shells, it shall, while being | ||||||
| 35 | used on an
area other than a game breeding and shooting | ||||||
| 36 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
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| 1 | a one piece plug that is
irremovable without dismantling the | ||||||
| 2 | shotgun or otherwise altered to
render it incapable of holding | ||||||
| 3 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
| 4 | (n) It is unlawful for any person, except persons who | ||||||
| 5 | possess a permit to
hunt from a vehicle as provided in this | ||||||
| 6 | Section and persons otherwise permitted
by law, to have or | ||||||
| 7 | carry any gun in or on any vehicle, conveyance or aircraft,
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| 8 | unless such gun is unloaded and enclosed in a case, except that | ||||||
| 9 | at field trials
authorized by Section 2.34 of this Act, | ||||||
| 10 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
| 11 | carried on horseback while not contained in a case, or
to have | ||||||
| 12 | or carry any bow or arrow device in or on any vehicle unless | ||||||
| 13 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
| 14 | otherwise made
inoperable.
| ||||||
| 15 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
| 16 | taking any
wild birds or mammals, except as provided for in | ||||||
| 17 | Section 2.33.
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| 18 | (p) It is unlawful to take game birds, migratory game birds | ||||||
| 19 | or
migratory waterfowl with a rifle, pistol, revolver, or | ||||||
| 20 | airgun.
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| 21 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
| 22 | airgun on,
over or into any waters of this State, including | ||||||
| 23 | frozen waters.
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| 24 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
| 25 | device
along, upon, across, or from any public right-of-way or | ||||||
| 26 | highway in this State.
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| 27 | (s) It is unlawful to use a silencer or other device to | ||||||
| 28 | muffle or
mute the sound of the explosion or report resulting | ||||||
| 29 | from the firing of
any gun.
| ||||||
| 30 | (t) It is unlawful for any person to trap or hunt, or allow | ||||||
| 31 | a dog to
hunt, within or upon the land of another, or upon | ||||||
| 32 | waters flowing over or
standing on the land of another, without | ||||||
| 33 | first obtaining permission from
the owner or tenant. It shall | ||||||
| 34 | be prima facie evidence that a person does
not have permission | ||||||
| 35 | of the owner or tenant if the person is unable to
demonstrate | ||||||
| 36 | to the law enforcement officer in the field that permission has
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| 1 | had
been obtained. This provision may only be rebutted by | ||||||
| 2 | testimony of the
owner or tenant that permission had been | ||||||
| 3 | given. Before enforcing this
Section the law enforcement | ||||||
| 4 | officer must have received notice from the
owner or tenant of a | ||||||
| 5 | violation of this Section. Statements made to the
law | ||||||
| 6 | enforcement officer regarding this notice shall not be rendered
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| 7 | inadmissible by the hearsay rule when offered for the purpose | ||||||
| 8 | of showing the
required notice.
| ||||||
| 9 | (u) It is unlawful for any person to discharge any firearm | ||||||
| 10 | for the purpose
of taking any of the species protected by this | ||||||
| 11 | Act, or hunt with dog
gun or gun
dog, or allow a dog to hunt, | ||||||
| 12 | within 300 yards of an inhabited dwelling without
first | ||||||
| 13 | obtaining permission from the owner or tenant, except that | ||||||
| 14 | while
trapping, hunting with bow and arrow, hunting with dog | ||||||
| 15 | and shotgun using shot
shells only, or hunting with shotgun | ||||||
| 16 | using shot shells only, or
on licensed game breeding and | ||||||
| 17 | hunting preserve areas, as defined in Section
3.27, on property | ||||||
| 18 | operated under a Migratory Waterfowl Hunting Area Permit, on
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| 19 | federally owned and managed lands and on Department owned, | ||||||
| 20 | managed, leased or
controlled lands, a 100 yard restriction | ||||||
| 21 | shall apply.
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| 22 | (v) It is unlawful for any person to remove fur-bearing | ||||||
| 23 | mammals from, or
to move or disturb in any manner, the traps or | ||||||
| 24 | cable restraints owned by another person without
written | ||||||
| 25 | authorization of the owner to do so.
| ||||||
| 26 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
| 27 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
| 28 | except that nothing in this Section shall prohibit the tracking | ||||||
| 29 | of wounded deer with a dog in accordance with the provisions of | ||||||
| 30 | Section 2.26 of this Code.
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| 31 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
| 32 | injure
or destroy, in any manner whatsoever, any real or | ||||||
| 33 | personal property on
the land of another while engaged in | ||||||
| 34 | hunting or trapping on that land
thereon.
| ||||||
| 35 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
| 36 | between one
half hour after sunset and one half hour before | ||||||
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| 1 | sunrise, except that
hunting hours between one half hour after | ||||||
| 2 | sunset and one half hour
before sunrise may be established by | ||||||
| 3 | administrative rule for fur-bearing
mammals.
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| 4 | (z) It is unlawful to take any game bird (excluding wild | ||||||
| 5 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
| 6 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
| 7 | Nothing in this Section shall prohibit
a person from carrying | ||||||
| 8 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
| 9 | crippled migratory waterfowl that is incapable of normal | ||||||
| 10 | flight, for the
purpose of attempting to reduce the migratory | ||||||
| 11 | waterfowl to possession, provided
that the attempt is made | ||||||
| 12 | immediately upon downing the migratory waterfowl and
is done | ||||||
| 13 | within 400 yards of the blind from which the migratory | ||||||
| 14 | waterfowl was
downed. This exception shall apply only to | ||||||
| 15 | migratory game birds that are not
capable of normal flight. | ||||||
| 16 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
| 17 | shotgun as regulated by subsection (j) of this Section using
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| 18 | shotgun shells as regulated in subsection (k) of this Section.
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| 19 | (aa) It is unlawful to use or possess any device that may | ||||||
| 20 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
| 21 | mammals.
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| 22 | (bb) It is unlawful for any person, except licensed game | ||||||
| 23 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
| 24 | possess alive in this
State any species of wildlife taken | ||||||
| 25 | outside of this State, without
obtaining permission to do so | ||||||
| 26 | from the Director.
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| 27 | (cc) It is unlawful for any person to have in his or her
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| 28 | possession any freshly killed species protected by this Act | ||||||
| 29 | during the season
closed for taking.
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| 30 | (dd) It is unlawful to take any species protected by this | ||||||
| 31 | Act and retain
it alive.
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| 32 | (ee) It is unlawful to possess any rifle while in the field | ||||||
| 33 | during gun
deer season except as provided in Section 2.26 and | ||||||
| 34 | administrative rules.
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| 35 | (ff) It is unlawful for any person to take any species | ||||||
| 36 | protected by
this Act, except migratory waterfowl, during the | ||||||
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| 1 | gun deer hunting season in
those counties open to gun deer | ||||||
| 2 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
| 3 | upper outer garment of a solid blaze orange color, with
such | ||||||
| 4 | articles of clothing displaying a minimum of 400 square inches | ||||||
| 5 | of
blaze orange 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. | ||||||
| 9 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
| 10 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
| 11 | Cottontail and Swamp Rabbit.
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| 12 | (hh) It shall be unlawful to kill or cripple any species | ||||||
| 13 | protected by
this Act for which there is a daily bag limit | ||||||
| 14 | without making a reasonable
effort to retrieve such species and | ||||||
| 15 | include such in the daily bag limit.
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| 16 | (ii) This Section shall apply only to those species | ||||||
| 17 | protected by this
Act taken within the State. Any species or | ||||||
| 18 | any parts thereof, legally taken
in and transported from other | ||||||
| 19 | states or countries, may be possessed
within the State, except | ||||||
| 20 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| 21 | (jj) Nothing contained in this Section shall prohibit the | ||||||
| 22 | use of bow
and arrow, or prevent the Director from issuing | ||||||
| 23 | permits to use a crossbow
to handicapped persons as provided by | ||||||
| 24 | administrative rule. As used herein,
"handicapped persons" | ||||||
| 25 | means those persons who have a permanent physical
impairment | ||||||
| 26 | due to injury or disease, congenital or acquired, which renders
| ||||||
| 27 | them so severely disabled as to be unable to use a conventional | ||||||
| 28 | bow and arrow
device. Permits will be issued only after the | ||||||
| 29 | receipt of a physician's
statement confirming the applicant is | ||||||
| 30 | handicapped as defined above.
| ||||||
| 31 | (kk) Nothing contained in this Section shall prohibit the | ||||||
| 32 | Director
from issuing permits to paraplegics or to other | ||||||
| 33 | disabled persons who meet the
requirements set forth in | ||||||
| 34 | administrative rule to shoot or hunt from a vehicle
as provided | ||||||
| 35 | by that rule, provided that such is otherwise in accord with | ||||||
| 36 | this
Act.
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| 1 | (ll) Nothing contained in this Act shall prohibit the | ||||||
| 2 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
| 3 | Code or birds and mammals
protected by this Act, except deer | ||||||
| 4 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
| 5 | disguised to alter its identity or to further provide a place
| ||||||
| 6 | of concealment and not propelled by sail or mechanical power. | ||||||
| 7 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
| 8 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
| 9 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
| 10 | used to take species protected by this Act.
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| 11 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
| 12 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
| 13 | gauge, with a rifled barrel.
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| 14 | Nothing contained in this Act shall prohibit the use of | ||||||
| 15 | locking type cable restraints for use in water trapping. | ||||||
| 16 | Written permission of the owner of the land over which the | ||||||
| 17 | water is standing or flowing is not required for water sets.
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| 18 | (Source: P.A. 92-325, eff. 8-9-01; 92-651, eff. 7-11-02; | ||||||
| 19 | 93-807, eff. 7-24-04.)
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| 20 | (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
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| 21 | Sec. 2.33a. Unlawful trapping.
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| 22 | (a) It is unlawful to fail to visit and remove all animals
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| 23 | from traps and cable restraints staked out, set, used, tended, | ||||||
| 24 | placed or maintained at least
once each calendar day.
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| 25 | (b) It is unlawful for any person to place, set, use, or | ||||||
| 26 | maintain a
leghold trap or one of similar construction on land, | ||||||
| 27 | that has a jaw spread
of larger than 6 1/2 inches (16.6 CM), or | ||||||
| 28 | a body-gripping trap or one of
similar construction having a | ||||||
| 29 | jaw spread larger than 7 inches (17.8 CM) on
a side if square | ||||||
| 30 | and 8 inches (20.4 CM) if round;
| ||||||
| 31 | (c) It is unlawful for any person to place, set, use, or | ||||||
| 32 | maintain a
leghold trap or one of similar construction in | ||||||
| 33 | water, that has a jaw spread
of larger than 7 1/2 inches (19.1 | ||||||
| 34 | CM), or a body-gripping trap or one of
similar construction | ||||||
| 35 | having a jaw spread larger than 10 inches (25.4 CM) on
a side | ||||||
| |||||||
| |||||||
| 1 | if square and 12 inches (30.5 CM) if round;
| ||||||
| 2 | (d) It is unlawful to use any trap with saw-toothed, | ||||||
| 3 | spiked, or toothed jaws;
| ||||||
| 4 | (e) It is unlawful to destroy, disturb or in any manner | ||||||
| 5 | interfere with
dams, lodges, burrows or feed beds of beaver | ||||||
| 6 | while trapping for beaver or
to set a trap inside a muskrat | ||||||
| 7 | house or beaver lodge, except that this shall
not apply to | ||||||
| 8 | Drainage Districts who are acting pursuant to the provisions
of | ||||||
| 9 | Section 2.37;
| ||||||
| 10 | (f) It is unlawful to trap beaver with: (1) a leghold trap | ||||||
| 11 | or one of similar
construction having a jaw spread of less than | ||||||
| 12 | 5 1/2 inches (13.9 CM) or
more than 7 1/2 inches (19.1 CM), or | ||||||
| 13 | (2) a body-gripping trap or one of
similar construction having | ||||||
| 14 | a jaw spread of less than 7 inches (17.7 CM) or
more than 10 | ||||||
| 15 | inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if
| ||||||
| 16 | round, except that these restrictions shall not apply during
| ||||||
| 17 | the open season for trapping muskrats;
| ||||||
| 18 | (g) It is unlawful to set traps closer than 10 feet (3.05 | ||||||
| 19 | M) from any
hole or den which may be occupied by a game mammal | ||||||
| 20 | or fur-bearing mammal
except that this restriction shall not | ||||||
| 21 | apply to water sets.
| ||||||
| 22 | (h) It is unlawful to trap or attempt to trap any | ||||||
| 23 | fur-bearing mammal
with any colony, cage, box, or stove-pipe | ||||||
| 24 | trap designed to take more than one
mammal at a single setting.
| ||||||
| 25 | (i) It is unlawful for any person to set or place any trap | ||||||
| 26 | or cable restraint designed to
take any fur-bearing mammal | ||||||
| 27 | protected by this Act during the closed
trapping season. Proof | ||||||
| 28 | that any trap or cable restraint was placed during the closed | ||||||
| 29 | trapping
season shall be deemed prima facie evidence of a | ||||||
| 30 | violation of this provision.
| ||||||
| 31 | (j) It is unlawful to place, set, or maintain any leghold | ||||||
| 32 | trap or one of
similar construction within thirty (30) feet | ||||||
| 33 | (9.14 m) of bait placed in
such a manner or position that it is | ||||||
| 34 | not completely covered and concealed
from sight, except that | ||||||
| 35 | this shall not apply to underwater sets. Bait shall
mean and | ||||||
| 36 | include any bait composed of mammal, bird, or fish flesh, fur,
| ||||||
| |||||||
| |||||||
| 1 | hide, entrails or feathers.
| ||||||
| 2 | (k) It shall be unlawful for hunters or trappers to have | ||||||
| 3 | the green hides
of fur-bearing mammals, protected by this Act, | ||||||
| 4 | in their possession except
during the open season and for an | ||||||
| 5 | additional period of 10 days succeeding
such open season.
| ||||||
| 6 | (l) It is unlawful for any person to place, set, use, or | ||||||
| 7 | maintain a
cable restraint
snare trap or one of similar | ||||||
| 8 | construction in water, that has a loop
diameter exceeding 15 | ||||||
| 9 | inches (38.1 CM) or a cable or wire diameter of more
than 1/8 | ||||||
| 10 | inch (3.2 MM) or less than 5/64 inch (2.0 MM), that is | ||||||
| 11 | constructed
of stainless steel metal cable or wire, and that | ||||||
| 12 | does not have a mechanical
lock, anchor swivel and stop device | ||||||
| 13 | to prevent the mechanical lock from
closing the noose loop to a | ||||||
| 14 | diameter of less than 2 1/2 inches (6.4 CM).
| ||||||
| 15 | (m) It is unlawful for any person to place, set, use, or | ||||||
| 16 | maintain on land a cable restraint or one of similar | ||||||
| 17 | construction that has a loop diameter exceeding 15 inches (38.1 | ||||||
| 18 | cm). It is unlawful for any person to place, set, or maintain | ||||||
| 19 | on land a cable restraint or one of similar construction that | ||||||
| 20 | does not have a relaxing mechanical lock, anchor swivel, and | ||||||
| 21 | stop device to prevent the relaxing mechanical lock from | ||||||
| 22 | closing the noose loop to a diameter of less than 2 1/2 inches | ||||||
| 23 | (6.4 cm).
| ||||||
| 24 | (n) It is unlawful for any person to place, set, use, or | ||||||
| 25 | maintain a cable restraint or one of similar construction that | ||||||
| 26 | would reach any fence when fully extended.
| ||||||
| 27 | (o) It is unlawful for any person to place, set, use or | ||||||
| 28 | maintain on land or in water a cable restraint that is attached | ||||||
| 29 | to a drag or a movable object. It is unlawful to set a cable | ||||||
| 30 | restraint on land without an in-line swivel between the cable | ||||||
| 31 | restraint lock and the end swivel at the point of fastening.
| ||||||
| 32 | (Source: P.A. 85-152; 86-1354.)
| ||||||
| 33 | Section 99. Effective date. This Act takes effect upon | ||||||
| 34 | becoming law.
| ||||||
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