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SECTION 11-0901
Prohibitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 9
§ 11-0901. Prohibitions.

1. No person while in or on a motor vehicle, as defined in section
11-0931 of this chapter, shall take wildlife other than migratory game
birds, or use any lights on any such vehicle for such purpose.

2. Wildlife shall not be taken on or from any public highway, except
that in the forest preserve counties it may be taken from highways other
than state, county or town highways.

3. a. Migratory game birds shall be taken only as permitted by
regulations of the department adopted pursuant to section 11-0307.

b. Wild deer and bear shall not be taken except by gun, crossbow or by
long bow. Where an open season, set forth in the table of open seasons
in section 11-0907 of this title or otherwise established by law or
fixed by regulation, is specified as an open season for taking such game
by shotgun or long bow only, or is specified as an open season for
taking such game by long bow only, they shall not be taken except as so
specified.

c. Wild small game and wild upland game birds shall be taken only by
longbow or gun, or by the use of raptors as provided in title 10 of this
article, except that:

(1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
in any manner not prohibited in this section or in title 11 of the Fish
and Wildlife Law;

(2) frogs may also be taken by spearing, catching with the hands, or
by the use of a club or hook; and

(3) crossbows may be used but only by licensees who are fourteen years
of age or older.

d. Muskrat shall not be taken by the use of a spear and shall not be
taken by shooting except that until the state of Vermont shall prohibit
taking of muskrats on Lake Champlain by shooting, muskrats may be taken,
by shooting with a firearm not larger than twenty-two caliber, on Lake
Champlain, exclusive of the tributary streams flowing into such lake.
Possession of pierced or stabbed muskrats shall be presumptive evidence
that they were unlawfully taken. Wild mink shall not be taken by the use
of firearms in the Northern Zone nor elsewhere within the state with a
firearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and
muskrat shall not be taken by the use of smoke, chemicals, gas or
poison. Beaver, fisher and otter shall not be hunted.

e. Wild pheasant shall be taken only by shotgun or long bow, or by the
use of raptors as provided in title 10 of this article. Except as
specifically authorized by regulation of the department adopted pursuant
to section 11-1007 or whenever the department determines that the taking
of hen pheasants will result in better pheasant management and not be
detrimental to the natural propagation of such pheasants, only male wild
pheasants shall be taken.

f. No wildlife shall be taken with an arrow with an explosive head or
shaft, or with an arrow, dart or any device, propelled by any means,
that is used for the purpose of injecting or delivering any type of drug
into the blood system of such wildlife. Nothing in this paragraph shall
be construed as prohibiting a wildlife biologist or employee of the
department or anyone acting under a license from the department from
using any method to take wildlife if he is doing so within the scope of
his employment for the department, or pursuant to the license issued by
the department.

g. Wildlife shall not be taken by the use of a device commonly called
a spear gun.

4. a. Wild deer and bear shall not be taken in water.

b. No person shall hunt deer:

(1) with the aid of a dog, or aircraft of any kind; or

(2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or

(3) with a pistol, revolver or rifle using rim-fire ammunition; or

(4) with a shotgun of less than twenty gauge or loaded with shells
other than shells each carrying a single round ball or a single slug,
provided however, the use of a shotgun of twenty gauge or larger having
a rifled barrel or a smooth bore barrel fitted with a rifled choke,
loaded with shells each carrying a single round ball or a single slug,
shall not be prohibited so long as only shells having a non-metallic
case, except for the base, are used; or

(5) with a long bow with a draw weight of less than thirty-five
pounds; or

(6) with an arrow or bolt with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than two
sharp cutting edges; or

(7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or

(8) with an arrow with a barbed broadhead arrowhead; or

(9) with a crossbow unless such crossbow shall consist of a bow and
string, either compound or recurve, that launches a minimum fourteen
inch bolt, not including point, mounted upon a stock with a trigger that
holds the string and limbs under tension until released. The trigger
unit of such crossbow must have a working safety. The minimum limb width
of such crossbow shall be seventeen inches, have a minimum peak draw
weight of one hundred pounds and a maximum peak draw weight of two
hundred pounds. The minimum overall length of such crossbow from
buttstock to front of limbs shall be twenty-four inches.

c. No person shall hunt bear:

(1) with the aid of a dog, or aircraft of any kind; or

(2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or

(3) with a pistol, revolver or rifle using rim-fire ammunition; or

(4) with a shotgun of less than twenty gauge or loaded with shells
other than shells each carrying a single round ball or a single slug,
provided however, the use of a shotgun of twenty gauge or larger having
a rifled barrel or a smooth bore barrel fitted with a rifled choke,
loaded with shells each carrying a single round ball or a single slug,
shall not be prohibited so long as only shells having a non-metallic
case, except for the base, are used; or

(5) with a long bow with a draw weight of less than thirty-five
pounds; or

(6) with an arrow or bolt with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than two
sharp cutting edges; or

(7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or

(8) with an arrow with a barbed broadhead arrowhead; or

(9) with a crossbow unless such crossbow shall consist of a bow and
string, either compound or recurve, that launches a minimum fourteen
inch bolt, not including point, mounted upon a stock with a trigger that
holds the string and limbs under tension until released. The trigger
unit of such crossbow must have a working safety. The minimum limb width
of such crossbow shall be seventeen inches, have a minimum peak draw
weight of one hundred pounds and a maximum peak draw weight of two
hundred pounds. The minimum overall length of such crossbow from
buttstock to front of limbs shall be twenty-four inches.

d. The use upon land inhabited by deer or bear of a jacklight,
spotlight or other type of artificial light by any person who is or is
accompanied by a person who is in possession, at the time of such use,
of a long bow, a crossbow or firearm of any kind, shall be presumptive
evidence that such person is hunting deer or bear with the aid of such
light, in violation of this subdivision, unless:

(1) such long bow or crossbow is unstrung, or such a firearm is taken
down, or securely fastened in a case, or locked in the trunk of a
vehicle, or

(2) the firearm is a pistol or revolver, or

(3) the firearm is not in or on a motor vehicle and is a rifle
designed or adapted for use of rim-fire ammunition and neither the
person in possession of the gun, nor any member of his party, has in his
possession any twenty-two caliber ammunition other than twenty-two
caliber rim-fire ammunition, or

(4) the firearm is not in or on a motor vehicle and is a shotgun and
neither the person in possession of the gun, nor any member of his
party, has in his possession ammunition other than shells loaded with
scatter shot of size number four or smaller.

e. (1) No person shall use a jacklight, spotlight or other type of
artificial light upon lands inhabited by deer or bear within five
hundred feet from a dwelling house, farm building or farm structure
actually occupied or used, for the purpose of locating, spotting,
harrying, worrying or otherwise disturbing deer or bear.

(2) The prohibition contained in subparagraph one of this paragraph
shall not apply to (i) the owner or lessee of the dwelling house, or
members of his immediate family residing therein, or a person in his
employ, or the guest of the owner or lessee of the dwelling house acting
with the consent of said owner or lessee; provided however, that nothing
herein shall be deemed to authorize such persons to use a jacklight,
spotlight or other type of artificial light within five hundred feet
from any other dwelling house, farm building or farm structure actually
occupied or used, for the purpose of locating, spotting, harrying,
worrying or otherwise disturbing deer or bear or (ii) the authorized use
of a spotlight or other artificial light regularly operated and
maintained by a police department or other law enforcement agency or by
any local or state department or agency duly authorized to render
services for the protection of life and property.

5. a. Varying hares shall not be taken by the use of ferrets,
fitch-ferrets or fitch.

b. Cottontail rabbits shall not be taken by the use of ferrets,
fitch-ferrets or fitch unless permitted by regulation of the department
or unless a permit for such taking has first been obtained from the
department.

c. The possession afield of ferrets, fitch-ferrets or fitch shall be
presumptive evidence of their illegal use.

d. The department may adopt regulations specifying towns or counties
in which ferrets, fitch-ferrets or fitch may be used to take cottontail
rabbits. Whenever cottontail rabbits are injuring property on occupied
lands, the department, on request of the owner or occupant of such
lands, may issue a permit to use ferrets, fitch-ferrets or fitch to take
them if it is satisfied there exists sufficient damage to warrant its
issuance.

6. Skunks shall not be taken from holes or dens by digging or by the
aid of dogs.

7. Raccoons shall not be taken from dens or houses or by cutting den
trees.

8. Traps shall not be used except as permitted in title 5 or title 11
of the Fish and Wildlife Law.

9. No protected wild bird for which no open season is established by
law or fixed by regulation shall be taken.

10. No wild game shall be taken except in an open season established
by law as provided in section 11-0905, 11-0907 or 11-1103 or fixed by
regulation as provided in section 11-0903, or in section 11-0307 in the
case of migratory game birds, or in section 11-1103, in the areas for
which such open seasons are established or fixed, and during the hours
permitted for such taking; nor shall any wild game be taken in excess of
bag limits specified in section 11-0905 or section 11-0907, or fixed by
regulation as provided in section 11-0903 or section 11-0307.

11. No long bow equipped with a mechanical device which is used to
draw, hold or release the bow string or arrow and which is attached to a
portion of the bow other than the bow string may be used or carried
afield. The shooting of a long bow shall only be accomplished by holding
the bow at arm's length, with arrow on the string, and may only be
drawn, pulled or released by hand.

12. Upland game birds shall not be taken with the aid of baiting or on
or over any baited area.

13. Persons engaged in hunting deer and/or bear with a longbow must
possess a current bowhunting privilege or a valid certificate of
qualification in responsible bowhunting practices issued or honored by
the department.

14. This section does not:

a. restrict the authority of any special permit or license issued by
the department;

b. limit title 11 or provisions of title 3, title 5, or title 19
authorizing taking of wildlife;

c. limit prohibitions set forth in any other section of the Fish and
Wildlife Law.

15. Notwithstanding any inconsistent provision of this section, the
department may adopt regulations to allow the taking of big game or
small game by the use of a long bow equipped with a mechanical device
for holding and releasing the bowstring, attached to the handle section
of an otherwise legal long bow, to any person with a physical disability
who is physically incapable of drawing and holding a long bow because of
a physical disability, subject to such restrictions as the department
may adopt by regulation. For the purpose of this subdivision, a person
with a physical disability shall mean any person who submits to the
department a statement of a physician duly licensed to practice medicine
that such person is physically incapable of arm movement sufficient to
draw, hold and release a long bow as defined in subdivision four of this
section or as otherwise defined in department regulation. The department
is authorized to adopt regulations requiring documentation to establish
that an applicant is eligible to use a mechanical device pursuant to
this subdivision.

16. Notwithstanding any inconsistent provision of this section, the
department may issue to a physically disabled person a permit to take
big game or small game by the use of a cross-bow equipped with an
apparatus permitting release of the bowstring by means of such person's
discharge of breath. For the purposes of this subdivision, "physically
disabled person" shall mean any person who submits to the department a
statement of a physician duly licensed to practice medicine in this
state that such person is permanently physically incapable of arm
movement sufficient to release a pre-drawn bow authorized under
subdivision fifteen of this section.