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Woody116 04-09-2003 07:15 AM

Legal question for IL
 
Recently I was involved in a coversation regarding hunting coyotes from a treestand here in Illinois. During it, I mentioned that I read somewhere in the law that it is illegal to shoot furbearing animals from a tree stand. I was told that wasnt the case, but I did some looking.
520 ILCS 5/2.33(aa) states that it is unlawful to use any tree climbing device in taking furbearing animals.
I posted this question to the DNR via email (from there website) and was told that there is not a definitive answer to my question. Although the orginal intent of the law was likely NOT to prevent taking coyotes from treestands, the development of CLIMBING STANDS could fall into this area. I was told that this question would be forwarded to review committee for a decision.

My point of this post is to make IL hunters aware of this gray area. If your in a climber this fall and one comes sneaking by.....

Lady Forge 04-09-2003 08:29 AM

RE: Legal question for IL
 
Thanks for the info. Please let us know of any further info you gather on this subject.

NewYorkHunter 04-09-2003 08:34 AM

RE: Legal question for IL
 
Interesting topic.

So if you use a hang on stand it isn' t a

tree climbing device.
But if you use a climber you' d better think twice beofre taking a coyote? That' s definitely a gray area that should get clarified.

Good detective work :D

Let us know what comes out of the review. I' ll have to check New York regulations regarding this.

Woody116 04-09-2003 09:21 AM

RE: Legal question for IL
 
Here is the exact wording:

" It is unlawful to use or possess any device that may be used for tree climbing or cutting while hunting fur-bearing mammals."

Like I said, it is a gray area for sure. Just wanted to post it to make people aware. I will follow up with it for sure in hopes to get some clarification.

IL_BOW_MAN 04-09-2003 03:27 PM

RE: Legal question for IL
 
Thanks for that tidbit of info woody.

Make sure you let us know if you find anything else out about it.

justhunt 04-09-2003 03:33 PM

RE: Legal question for IL
 
Sounds like the intent of the law was to prevent people from climbing up trees or cutting of trees while after furbearers like coons, possums, etc. I doubt any law officers would ticket you from hunting coyotes from a tree unless the coyote is in the tree;).

Woody116 04-09-2003 09:10 PM

RE: Legal question for IL
 

I doubt any law officers would ticket you from hunting coyotes from a tree unless the coyote is in the tree
More than likely, you are right. However, we all know how things can happen. And, being that I am from that side of the fence, this is one of those things that can bite you if you know what I mean. ;)

Just thought I' d toss it out as some FYI.
Woody

c903 04-09-2003 09:30 PM

RE: Legal question for IL
 
I wonder if the Illinois conservation code being discussed is a leftover from an older code in which climbing devices that damaged trees was prohibited. One such device was the prohibition of " climbing boot spikes." The law, as I recall, was primarily meant to prevent coon hunters from damaging trees on state property and private property without the landowner' s permission, when trying to retrieve raccoons or other tree-dwelling fur bearing mammals.

It was also common practice for coon hunters to drop certain sizes of trees and to cut sections off trees to retrieve wounded or dead coons. Therefore, when coon, squirrel, possum, etc, hunting, saws, axes, etc. could not be in your possession on state property, and private property without the owner' s permission.

The code may be old and poorly revised. Not unusual for many game codes. Therefore, the definition of fur bearing mammals may mistakenly apply a revised code to animals that is not meant to be included e.g., fox, coyote

Woody116 04-09-2003 10:15 PM

RE: Legal question for IL
 
c903-
That makes sense. I was wondering why this was in the books in the first place.

Hopefully this will help to get that section rewritten.


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