Legal question for IL
#1
Thread Starter
Join Date: Feb 2003
Location: North East Illinois
Posts: 140
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.....
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.....
#3
Join Date: Feb 2003
Location: Northern NY
Posts: 148
RE: Legal question for IL
Interesting topic.
So if you use a hang on stand it isn' t a
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
Let us know what comes out of the review. I' ll have to check New York regulations regarding this.
So if you use a hang on stand it isn' t a
tree climbing device.
Good detective work
Let us know what comes out of the review. I' ll have to check New York regulations regarding this.
#4
Thread Starter
Join Date: Feb 2003
Location: North East Illinois
Posts: 140
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.
" 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.
#6
Join Date: Feb 2003
Location: Troy, Illinois
Posts: 226
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.
#7
Thread Starter
Join Date: Feb 2003
Location: North East Illinois
Posts: 140
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
Just thought I' d toss it out as some FYI.
Woody
#8
Join Date: Feb 2003
Location: Illinois
Posts: 1,862
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
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