HB5136eng 104TH GENERAL ASSEMBLY

HB5136 Engrossed LRB104 18209 BDA 31648 b

AN ACT concerning Fish.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fish and Aquatic Life Code is amended by changing Sections 1-10, 1-120, 5-25, 10-20, 10-25, 10-50, 10-70, 10-75, 10-95, 10-140, 10-150, 15-50, 15-60, 15-100, 15-120, 15-125, 15-130, 15-145, 20-5, 20-10, 20-45, 20-50, 20-90, 20-95, and 20-105 as follows:

(515 ILCS 5/1-10) (from Ch. 56, par. 1-10)

Sec. 1-10. Definitions. As used in this Section: Code, terms are defined according to the following Sections.

"Administrative rule" means a regulatory measure issued by the Director under this Code.

"Air rifle" means an air gun, air pistol, spring gun, gas gun, spring pistol, B-B gun, pellet gun, or any implement that is not a firearm and propels a singular globular projectile or pellet constructed of steel, lead, or other hard materials by the use of compressed air, compressed gas, or spring power.

"Angling methods" means the action of sport fishing by hook and line.

"Aquatic life" means all fish, mollusks, crustaceans, algae, aquatic plants, aquatic invertebrates, and any other aquatic animals or plants that the Department identifies in rules adopted after consultation with biologists, zoologists, or other wildlife experts. "Aquatic life" does not mean any herptiles that are found in the Herptiles-Herps Act.

"Aquatic life farm" means property: (i) containing any or a combination of levee ponds, a strip mine lake, or other type of lake that has floating cages, raceways, or other aquatic life rearing equipment and (ii) where the owner of the aquatic life farm has posted a conspicuous written notice to that effect. If more than one person owns or has title to the lake, "aquatic life farm" means the area of the lake containing the floating cages, raceways, or other aquatic life rearing equipment.

"Authorized employee" means all sworn members of the Law Enforcement Division and those specifically granted law enforcement authorization by the Director.

"Blow gun" means a weapon, hunting, or fishing device consisting of a tube through which an arrow, dart, or projectile is propelled by force of the breath of a person.

"Combination license" means an electronic or physical license authorizing the person to take a certain type of fish or animal during a specified period of time.

"Contraband" applies to all aquatic life or any part of aquatic life taken, bought, sold or bartered, shipped, or held in possession, or any conveyance, vehicle, watercraft, or other means of transportation whatever, except sealed railroad cars or other common carriers, used to transport or ship any part of aquatic life so taken, contrary to this Code, including administrative rules, or used to transport, contrary to this Code, including administrative rules, any of the previously specified species when taken illegally.

"Daily limit" means the maximum amount of aquatic life that a properly licensed individual is permitted to take in any one day.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Dressed" means having the head removed.

"Fishing" means taking or attempting to take aquatic life in any waters of the State, by any method, and all other acts such as placing, setting, drawing, or using any device commonly used for the taking of aquatic life whether resulting in taking or not.

"Fishing license" means an electronic or physical license authorizing the person to take a certain type of fish during a specified period of time.

"Hybrid" means the offspring resulting from the crossbreeding of 2 different species.

"Indigenous species" means those species of aquatic life specified by administrative rule.

"Individual" means a natural person.

"Inland trout stamp" means a special stamp issued by the Department authorizing taking or attempting to take trout in all waters except Lake Michigan.

"Minnow" means any fish in the family Leuciscidae.

"Mussel devices" includes any rake, fork, crow-foot bar, dredge, or air breathing device described as follows: (i) rake or fork: any rake or fork with forks or tines used for collecting or assembling mussels; (ii) crow-foot bar: a bar of any material equipped with a series of hooks designed to take mussels by the insertion of the hooks between the shells of mussels; (iii) dredge: any hand operated dredge with openings not larger than 2 feet in width used for taking mussels; and (iv) air breathing device: any air breathing apparatus that is attached to a diver and is used during the collecting of mussels.

"Mussels" means and embraces any fresh water mussel or the shell of a mussel.

"Person" includes the plural "persons", females as well as males, and shall extend and be applied to clubs, associations, corporations, firms, and partnerships as well as individuals.

"Resident" means a person who in good faith makes application for any license or permit and verifies by statement that he or she has maintained his or her permanent abode in this State for a period of at least 30 consecutive days immediately preceding the person's application, and who does not maintain permanent abode or claim residency in another state for the purposes of obtaining any of the same or similar licenses or permits covered by this Code. A person's permanent abode is his or her fixed and permanent dwelling place, as distinguished from a temporary or transient place of residence. Domiciliary intent is required to establish that the person is maintaining his or her permanent abode in this State. Evidence of domiciliary intent includes, but is not limited to, the location where the person votes, pays personal income tax, or obtains a drivers license. Except for the purposes of obtaining a Lifetime License, any person on active duty in the Armed Forces shall be considered a resident of Illinois during his or her period of military duty.

"Resident commercial fisherman" means an individual who has actually resided in Illinois for one year immediately preceding his or her application for a commercial fishing license and who does not claim residency for a commercial fishing license in another state or country.

"Resident commercial musselor" means an individual who has actually resided in Illinois for one year immediately preceding his or her application for a commercial mussel license and who does not claim residency for a commercial mussel license in another state or country.

"Roe" means the eggs of fish that are whole and intact within the egg sac, whether within the body cavity of the fish or removed. "Roe" does not include eggs removed from the egg sac.

"Roe-bearing species" means sturgeon, paddlefish, bowfin, and any other fish listed as such by the Department in an administrative rule.

"Salmon" includes all the salmons and trouts.

"Salmon stamp" means a special stamp issued by the Department authorizing taking or attempting to take salmon in Lake Michigan.

"Sport fisherman" means an individual who uses or attempts to use sport fishing devices as stated in Sections 10-95, 10-110, and 10-140.

"Take" means lure, kill, destroy, capture, gig or spear, trap or ensnare, or attempt to do so.

"Transport" or "ship" means to convey by parcel post, express, freight, baggage, or shipment by common carrier of any description; by automobile, motorcycle, or other vehicle of any kind; by water or aircraft of any kind; or by any other means of transportation.

"Taxidermy" means the art of preparing, preserving, and mounting the skins of fish, birds, or mammals to make them appear lifelike.

(Source: P.A. 87-833.)

(515 ILCS 5/1-120) (from Ch. 56, par. 1-120)

Sec. 1-120. Seasons; daily limits. The seasons during which protected aquatic life may be taken and the length size limits and daily catch limits set out in this Code are based upon a proper biological balance and shall be regulated by administrative rule.

The Department may not provide for a longer season or a larger daily catch limit than is provided in this Code, except as provided by Section 1-150.

The Department shall modify existing provisions, when necessary, including open seasons, length size limits, quotas, limited entry, and methods of taking fish from the waters of Lake Michigan under the jurisdiction of the State of Illinois, in order that the compact between the Canadian provinces and those States of the United States adjacent to the Great Lakes, including the United States and Canadian Governments, may be fulfilled in the best interests of the fisheries resources and the general public.

Employees or agents of any federal, State, or municipal government or body, when engaged in investigative work, may by prior written approval of the Director be exempted from this Code.

(Source: P.A. 87-833.)

(515 ILCS 5/5-25) (from Ch. 56, par. 5-25)

Sec. 5-25. Value of protected species; violations.

(a) Any person who, for profit or commercial purposes, knowingly captures or kills, possesses, offers for sale, sells, offers to barter, barters, offers to purchase, purchases, delivers for shipment, ships, exports, imports, causes to be shipped, exported, or imported, delivers for transportation, transports or causes to be transported, carries or causes to be carried, or receives for shipment, transportation, carriage, or export any aquatic life, or parts thereof, contrary to the provisions of the Code or administrative rule, and that aquatic life, in whole or in part, is valued at or in excess of a total of $300, as per species value specified in subsection (c) of this Section, commits a Class 3 felony.

A person is guilty of a Class 4 felony if convicted under this Section for more than one violation within a 90-day period if the aquatic life involved in each violation are not valued at or in excess of $300 but the total value of the aquatic life involved with the multiple violations is at or in excess of $300. The prosecution for a Class 4 felony for these multiple violations must be alleged in a single charge or indictment and brought in a single prosecution.

Any person who violates this subsection (a) when the total value of species is less than $300 commits a Class A misdemeanor except as otherwise provided.

(b) Possession of aquatic life, in whole or in part, captured or killed in violation of this Code, valued at or in excess of $600, as per species value specified in subsection (c) of this Section, shall be considered prima facie evidence of possession for profit or commercial purposes.

(c) For purposes of this Section, the fair market value or replacement cost, whichever is greater, must be used to determine the value of the species, but in no case shall the minimum value of all aquatic life and their hybrids, whether dressed or not dressed, be less than the following:

(1) For each muskellunge or muskellunge hybrid, northern pike, walleye or walleye hybrid, striped bass or striped bass hybrid, sauger, largemouth bass, smallmouth bass, spotted bass, trout (all species), salmon (all species other than chinook caught from August 1 through December 31), bowfin, paddlefish, and sturgeon (other than pallid or lake sturgeon) of a weight, dressed or not dressed, of one pound or more, $4 for each pound or fraction of a pound. For each individual fish with a dressed or not dressed weight of less than one pound, $4. For parts of fish processed past the dressed state, $8 per pound.

(2) For each warmouth, rock bass, white bass, yellow bass, sunfish (all species except largemouth, smallmouth, and spotted bass), bluegill, crappie, bullheads, pickerels, yellow perch, catfish (all species), and mussels of a weight, dressed or not dressed, of one pound or more, $4 for each pound or fraction of a pound of aquatic life. For each individual aquatic life with a dressed or not dressed weight of less than one pound, $4. For aquatic life parts processed past the dressed state, $8 per pound.

(3) (Blank).

(4) (Blank).

(5) For goldeye, mooneye, carp, carpsuckers (all species), suckers (all species), redhorse (all species), buffalo (all species), freshwater drum, skipjack, shad (all species), alewife, smelt, gar, chinook salmon caught from August 1 through December 31, and all other aquatic life, not listed in paragraphs (1), (2), or (5) of subsection (c) of this Section, $1 per pound, in part or in whole.

(6) For each species listed on the federal or State endangered and threatened species list, and for lake and pallid sturgeon, $150 per animal in whole or in part.

(Source: P.A. 102-368, eff. 1-1-22.)

(515 ILCS 5/10-20) (from Ch. 56, par. 10-20)

Sec. 10-20. Length Size limit; northern pike. All northern pike in the possession of any individual shall be not less than 24 inches in length, except that northern pike of any length size may be possessed that are taken in the waters of the Mississippi River.

(Source: P.A. 87-833.)

(515 ILCS 5/10-25) (from Ch. 56, par. 10-25)

Sec. 10-25. Daily limit; northern pike, sauger, and walleye.

(a) Except as provided in subsections (b) and (c), all properly licensed individuals shall be permitted to take, in any one day, no more than 3 northern pike, 6 sauger, 6 or walleye or their hybrids, or 6 in the aggregate of sauger and walleye or their hybrids.

(b) In the waters of the Mississippi River between Iowa and Illinois, all properly licensed individuals shall be permitted to take, in any one day, no more than 5 northern pike, 10 sauger or walleye, or 10 in the aggregate of sauger and walleye.

(c) In the waters of the Mississippi River between Missouri and Illinois, all properly licensed individuals shall be permitted to take, in any one day, no more than one northern pike, 8 sauger or walleye, or 8 in the aggregate of sauger and walleye.

(Source: P.A. 87-833.)

(515 ILCS 5/10-50) (from Ch. 56, par. 10-50)

Sec. 10-50. Length Size limit; trout and salmon. All rainbow trout, lake trout, brown trout, brook trout, Atlantic salmon, coho salmon, chinook salmon, pink salmon, or other salmonids when taken or in the possession of a person after having been taken from the waters of Lake Michigan shall be not less than 10 inches in length.

(Source: P.A. 87-833.)

(515 ILCS 5/10-70) (from Ch. 56, par. 10-70)

Sec. 10-70. Aquatic life included in daily limit.

(a) Any aquatic life taken into actual possession, unless released unharmed immediately, shall be included in the daily limit of the person having so taken the aquatic life for the day when taken.

(b) Fish released unharmed by participants in a bona fide catch-and-release fishing tournament, which requires the participants to have a boat live well with a pump constantly adding fresh or recirculating water, shall not be included in the daily limit. However, at no time may the daily limit be exceeded.

(c) All individuals licensed under this Code are permitted to take on a daily basis no more than the daily limit of aquatic life that is established by this Code, including any limits established by administrative rule under this Code.

(Source: P.A. 87-833; 88-3.)

(515 ILCS 5/10-75) (from Ch. 56, par. 10-75)

Sec. 10-75. Application of Article. This Article 10 shall apply only to aquatic life in waters and lands wholly or in part within the boundaries of the State of Illinois.

The provisions of Sections 10-5 through 10-75 are subject to modification by administrative rule.

Aquatic life legally taken in and transported from other states or countries may be possessed within the State of Illinois, subject to the provisions of Sections 15-55 and 15-60 of this Code.

Any aquatic life taken at any time except during an open season established under this Code, including administrative rules, or of a length size less than the minimum provided by this Code, including administrative rules, shall be immediately returned, without unnecessary injury, to the waters from which taken.

(Source: P.A. 87-833.)

(515 ILCS 5/10-95) (from Ch. 56, par. 10-95)

Sec. 10-95. Number of hooks; untagged devices. Any individual possessing a valid sport fishing license may take aquatic life by hand, or may use pole and line, bank pole and line, throw line, trotline, buoyed ganging devices, or other legal devices not exceeding 50 hooks in the aggregate, however, any individual at any one time is allowed to use under his or her immediate control only 2 untagged sport fishing devices and any additional devices up to the aggregate of 50 hooks must be tagged with his or her name, and mailing address, and phone number. It shall be unlawful to sell or barter any aquatic life or parts thereof taken by sport fishing devices.

A dip net for non-commercial smelt fishing in Lake Michigan may be used subject to the provisions of Section 10-40.

Dip nets that are subject to the provisions of Section 15-120 may be used to take carp, buffalo, carpsuckers, or shad for personal consumption. The taking of aquatic life with a dip net is not be permitted within 100 feet of the base of any dam.

Any sport fishing device, including trot line device, bank pole, and throw line or buoyed ganging devices, left unattended must be tagged with the name, and mailing address, and phone number of the operator. All required tags shall be in a position to be at all times exposed to public view.

A sport fishing license permits the holder to seine for minnows, provided that minnows are not sold. The seine shall not be longer than 20 feet, deeper than 6 feet, or contain mesh larger than 1/2 inch bar measurement.

(Source: P.A. 89-66, eff. 1-1-96.)

(515 ILCS 5/10-140) (from Ch. 56, par. 10-140)

Sec. 10-140. Seines Dip nets, minnow traps, casting nets, and shad scoops.

(a) Any individual possessing a valid sport fishing license may use a seine, minnow trap dip net, casting net, or shad scoop to take certain species. The taking of aquatic life with a seine, minnow trap dip net, casting net, or shad scoop shall not be permitted within 100 feet of the base of any dam.

(b) Minnows, shad, common carp, and crayfish may be taken with a seine for use as bait on the waterbody where taken Dip nets may be used to take carp, buffalo, carpsuckers, or shad for personal consumption.

(c) Minnows and crayfish may be taken with a minnow trap for use as bait on the waterbody where taken. Any minnow trap left unattended must be tagged with the name, mailing address, and phone number of the operator.

(d) (c) Bighead carp (Hypophthalmichthys nobilis), black carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon idella), and silver carp (Hypophthalmichthys molitrix) may be taken with a casting net or shad scoop and used for bait on the body of water where they are collected if they are killed immediately.

(e) (d) Mooneye (Hiodon tergisus), goldeye (Hiodon alosoides), skipjack herring (Alosa chrysochloris), carp (other than bighead carp (Hypophthalmichthys nobilis), black carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon idella), and silver carp (Hypophthalmichthys molitrix)), and any other fish listed in Section 10-110 of this Code may be taken with a casting net or shad scoop and used for live or dead bait on the body of water where they are collected.

(f) No seines shall be longer than 20 feet or deeper than 6 feet or contain mesh larger than 1/2 inch bar measurement. All minnow traps shall not be more than 24 inches in width or diameter or 36 inches in length or shall use a mesh larger than 1/2 inch bar measurement. (e) All casting nets shall not be (1) larger than 24 feet in diameter or (2) of a mesh larger than 1 inch bar measurement. All shad scoops shall not be (1) larger than 30 inches in diameter, (2) of a mesh not larger than 1/2 inch bar measurement, or (3) longer than 4 feet in length.

(g) (f) Fish taken by means listed in this Section shall not be sold or bartered. Except as otherwise provided by law, the taking of species other than those listed in this Section by sport fishing devices game fish by dip net without a commercial fishing license shall be a petty offense punishable by a minimum fine of $100, plus confiscation of illegally used equipment under Article 1 of this Code.

(Source: P.A. 102-837, eff. 5-13-22.)

(515 ILCS 5/10-150)

Sec. 10-150. Fishing limits; private property. The limits established in this Article on the number and length size of fish a person may take in a day do not apply to a person fishing in waters wholly within his or her private property.

(Source: P.A. 99-532, eff. 7-8-16.)

(515 ILCS 5/15-50) (from Ch. 56, par. 15-50)

Sec. 15-50. Regulation. Except as provided in Section 20-90 no person shall buy, sell or barter, or offer to buy, sell or barter, nor shall any commercial institution or any regularly operated refrigerated storage establishment have in its possession, aquatic life protected by this Code except those species taken under the conditions and of the size or length described in Sections 15-55 and 15-60 and administrative rules pertaining to the taking of commercial fish or mussels. Any person who is found guilty of violating this Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 87-833.)

(515 ILCS 5/15-60) (from Ch. 56, par. 15-60)

Sec. 15-60. Legal length size; various species. When taken from waters wholly or in part within the boundaries of the State of Illinois, except from the Ohio River, the following species shall be not less in length size than provided in this Section: channel catfish, flathead catfish, blue catfish, or white catfish, 15 inches in length undressed or 12 inches in length dressed.

(Source: P.A. 90-57, eff. 1-1-98.)

(515 ILCS 5/15-100) (from Ch. 56, par. 15-100)

Sec. 15-100. Length and mesh size of seine. Except as provided in Sections 20-5 through 20-25, any commercial fisherman as defined in this Code person may use a single seine not exceeding 100 yards in length of 1 1/2 inch bar measurement. In all seines over 100 yards in length it shall be unlawful at any time to use any mesh less than 2 inch bar measurement except that all seines over 100 yards in length may have a section of the seine not more than 300 feet in length of 1 1/2 inch bar measurement. No seine shall be more than 1500 yards in length. If seines are more than 200 yards in length they must be operated with a backstop constructed of vertical slats not less than 1 1/4 inches apart or 3 inch bar measurement netting or of chicken wire or metallic cloths of not less than 1 1/2 inches square and shall not be dragged or otherwise operated in less than 2 feet of water.

(Source: P.A. 87-833.)

(515 ILCS 5/15-120) (from Ch. 56, par. 15-120)

Sec. 15-120. Mesh size of dip nets. It shall be unlawful to use any dip net having a mesh less than 1 1/2 inches bar measurement or more than 15 feet in length, width, square or in diameter.

(Source: P.A. 87-833.)

(515 ILCS 5/15-125) (from Ch. 56, par. 15-125)

Sec. 15-125. Live box or live net. All live boxes and live nets in which any aquatic life protected by this Code is held shall be plainly labeled with the name, and address, and phone number of the owner.

(Source: P.A. 87-833.)

(515 ILCS 5/15-130) (from Ch. 56, par. 15-130)

Sec. 15-130. Gill or trammel net. It shall be unlawful to use a gill or trammel net except in the Mississippi River, in the Ohio River, and in the Illinois River from its mouth up to the Illinois River bridge, Highway Route 89, including adjacent backwaters but not above the mouth of any stream, ditch, or tributary connected to these backwaters. No gill or trammel net shall be less than 100 feet in length.

All gill or trammel nets that are set in any body of water shall be under the immediate supervision of the operator, who may be the licensee or his or her employee, except (i) from May 1 to September 30, (ii) when the nets are set under the ice, (iii) from sunset to sunrise, or (iv) as specified by administrative rule. Immediate supervision shall be defined as the operator being on the waters where the nets are set to be readily available to identify the nets to law enforcement officers empowered to enforce this Code. It shall be unlawful for any employee on any one day to lift or attend nets of more than one licensee.

All gill or trammel nets set under the ice shall be at a distance of not less than 100 yards from any natural opening in the ice.

A net shall be defined as a "trammel net" for the purposes of enforcing this Code if: (i) there are no less than 3 panels of mesh tied to a single float and lead line; (ii) the outer panels of mesh are constructed of a number 9 or larger diameter twine; (iii) the outer panels of mesh are diamond shaped and no greater than 40 inch bar measure; and (iv) the inner panel of mesh is not less than 2 inches bar measure.

A net shall be defined as a "gill net" for the purposes of enforcing this Code if it is constructed of a single panel of mesh that is not less than 3 inches bar measure that is tied to a single float and lead line.

The Department may modify provisions of this Section as provided in Section 1-125 1-135.

(Source: P.A. 102-724, eff. 1-1-23.)

(515 ILCS 5/15-145) (from Ch. 56, par. 15-145)

Sec. 15-145. Tagging commercial devices. It shall be the responsibility of each person licensed as a commercial fisherman or musselor to furnish and attach to each commercial device being used a metal tag inscribed with the name, and address, and phone number of the licensee. Absence of this tagging shall be prima facie evidence that the commercial fishing or mussel device or devices are illegally used and the devices shall be confiscated and disposed of as directed by the Department.

(Source: P.A. 87-833.)

(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)

Sec. 20-5. Necessity of license; exemptions.

(a) Any person taking or attempting to take any fish, including minnows for commercial purposes, turtles, mussels, crayfish, or frogs by any means whatever in any waters or lands wholly or in part within the jurisdiction of the State, including that part of Lake Michigan under the jurisdiction of this State, shall first obtain a license to do so, and shall do so only during the respective periods of the year when it shall be lawful as provided in this Code. Individuals under 16, blind residents or residents with a disability, or individuals fishing at fee fishing areas licensed by the Department, however, may fish with sport fishing devices without being required to have a license. For the purpose of this Section an individual is blind or has a disability if that individual has a Class 2 disability as defined in Section 4A of the Illinois Identification Card Act. For purposes of this Section an Illinois Person with a Disability Identification Card issued under the Illinois Identification Card Act indicating that the individual named on the card has a Class 2 disability shall be adequate documentation of a disability.

(b) A courtesy non-resident sport fishing license or stamp may be issued at the discretion of the Director, without fee, to (i) any individual officially employed in the wildlife and fish or conservation department of another state or of the United States who is within the State to assist or consult or cooperate with the Director or (ii) the officials of other states, the United States, foreign countries, or officers or representatives of conservation organizations or publications while in the State as guests of the Governor or Director.

(c) The Director may issue special fishing permits without cost to groups of hospital patients or to individuals with disabilities for use on specified dates in connection with supervised fishing for therapy.

(d) Veterans who, as certified by the United States Department of Veterans Affairs, are at least 10% disabled with service-related disabilities or in receipt of total disability pensions may fish with sport fishing devices during those periods of the year it is lawful to do so without being required to have a license, on the condition that their respective disabilities do not prevent them from fishing in a manner which is safe to themselves and others.

(e) Each year the Director may designate a period, not to exceed 4 days in duration, when sport fishermen may fish waters wholly or in part within the jurisdiction of the State, including that part of Lake Michigan under the jurisdiction of the State, and not be required to obtain the license or stamp required by subsection (a) of this Section, Section 20-10, Section 20-11, or subsection (a) of Section 20-55. The term of any such period shall be established by administrative rule. This subsection shall not apply to commercial fishing.

(f) The Director may issue special fishing permits without cost for a group event, restricted to specific dates and locations if it is determined by the Department that the event is beneficial in promoting sport fishing in Illinois.

(Source: P.A. 104-234, eff. 8-15-25; 104-435, eff. 11-21-25.)

(515 ILCS 5/20-10) (from Ch. 56, par. 20-10)

Sec. 20-10. Salmon stamp. Any individual taking or attempting to take salmon in Lake Michigan shall, in addition to any other license required by this Code, first obtain a salmon stamp authorized by the Department and affix it to his or her license. Individuals not required to obtain a license are not required to obtain a salmon stamp.

(Source: P.A. 87-135; 87-833; 87-895; 88-91.)

(515 ILCS 5/20-45) (from Ch. 56, par. 20-45)

Sec. 20-45. License fees for residents. Fees for licenses for residents of the State of Illinois shall be as follows:

(a) Except as otherwise provided in this Section, for sport fishing devices as defined in Section 10-95 or spearing devices as defined in Section 10-110, the fee is $14.50 for individuals 16 to 64 years old, one-half of the current fishing license fee for individuals age 65 or older, and, commencing with the 2012 license year, one-half of the current fishing license fee for resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces. Veterans must provide to the Department acceptable verification of their service. The Department shall establish by administrative rule the procedure by which such verification of service shall be made to the Department for the purpose of issuing fishing licenses to resident veterans at a reduced fee.

(a-3) Except as otherwise provided in this Section, for sport fishing devices as defined in Section 10-95 or spearing devices as defined in Section 10-110, residents of this State may obtain a 3-year fishing license. The fee for a 3-year fishing license is 3 times the annual fee. For residents age 65 or older, the fee is one half of the fee charged for a 3-year fishing license. For resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States, the fee is one-half of the fee charged for a 3-year fishing license. Veterans must provide to the Department, per administrative rule, verification of their service. The Department shall establish what constitutes suitable verification of service for the purpose of issuing 3-year fishing licenses to resident veterans at a reduced fee.

(a-5) The fee for all sport fishing licenses shall be $1 for an annual license and 3 times the annual fee for a 3-year license for residents over 75 years of age.

(b) All residents before using any commercial fishing device shall obtain a commercial fishing license, the fee for which shall be $60, and a resident fishing license, the fee for which is $14.50. Each and every commercial device used shall be licensed by a resident commercial fisherman as follows:

(1) For each 100 lineal yards, or fraction thereof, of seine the fee is $18. For each minnow seine, minnow trap, or net for commercial purposes the fee is $20.

(2) For each device to fish with a 100 hook trot line device, basket trap, hoop net, or dip net the fee is $3.

(3) When used in the waters of Lake Michigan, for the first 2000 lineal feet, or fraction thereof, of gill net the fee is $10; and for each 1000 additional lineal feet, or fraction thereof, the fee is $10. These fees shall apply to all gill nets in use in the water or on drying reels on the shore.

(4) For each 100 lineal yards, or fraction thereof, of gill net or trammel net the fee is $18.

(c) Residents of this State may obtain a sportsmen's combination license that shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code. No sportsmen's combination license shall be issued to any individual who would be ineligible for either the fishing or hunting license separately. The sportsmen's combination license fee shall be $25.50. For residents age 65 or older, the fee is one-half of the fee charged for a sportsmen's combination license. For resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, the fee, commencing with the 2012 license year, is one-half of the fee charged for a sportsmen's combination license. Veterans must provide to the Department acceptable verification of their service. The Department shall establish by administrative rule the procedure by which such verification of service shall be made to the Department for the purpose of issuing sportsmen's combination licenses to resident veterans at a reduced fee.

(c-5) Residents of this State may obtain a 3-year sportsmen's combination license that shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection (a-3) and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code. A 3-year sportsmen's combination license shall not be issued to any individual who would be ineligible for either the fishing or hunting license separately. The 3-year sportsmen's combination license fee shall be 3 times the annual fee. For residents age 65 or older, the fee is one-half of the fee charged for a 3-year sportsmen's combination license. For resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States, the fee is one-half of the fee charged for a 3-year sportsmen's combination license. Veterans must provide to the Department, per administrative rule, verification of their service. The Department shall establish what constitutes suitable verification of service for the purpose of issuing 3-year sportsmen's combination licenses to resident veterans at a reduced fee.

(d) For 24 hours of fishing by sport fishing devices as defined in Section 10-95 or by spearing devices as defined in Section 10-110 the fee is $5. This license does not exempt the licensee from the requirement for a salmon or inland trout stamp. The licenses provided for by this subsection are not required for residents of the State of Illinois who have obtained the license provided for in subsection (a) or (a-3) of this Section.

(e) All residents before using any commercial mussel device shall obtain a commercial mussel license, the fee for which shall be $50.

(f) Residents of this State, upon establishing residency as required by the Department, may obtain a lifetime hunting or fishing license or lifetime sportsmen's combination license which shall entitle the holder to the same non-commercial fishing privileges as residents holding a license as described in subsection paragraph (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code, unless otherwise stated in this Section. No lifetime sportsmen's combination license shall be issued to or retained by any individual who would be ineligible for either the fishing or hunting license separately, either upon issuance, or in any year a violation would subject an individual to have either or both fishing or hunting privileges rescinded. The lifetime hunting and fishing license fees shall be as follows:

(1) Lifetime fishing: 30 x the current fishing license fee.

(2) Lifetime hunting: 30 x the current hunting license fee.

(3) Lifetime sportsmen's combination license: 30 x the current sportsmen's combination license fee.

Lifetime licenses shall not be refundable. A $10 fee shall be charged for reissuing any lifetime license.

Except in the case of the reissuance of a previously purchased lifetime license, the holder of a lifetime fishing or hunting license or a lifetime sportsmen's combination license that is purchased on or after January 1, 2027 must pay the corresponding resident or non-resident fee when purchasing any permits or stamps required by this Code or the Wildlife Code based on the license holder's current permanent abode at the time of purchasing the permit or stamp. If the lifetime license holder does not live in Illinois at the time of application for any lotteries, drawings, permits, or stamps that are issued or held pursuant to this Code, the Wildlife Code, or any administrative rules issued pursuant to this Code or the Wildlife Code, the lifetime license holder shall be considered a non-resident for purposes of all lotteries, drawings, permits, or stamps issued or held pursuant to this Code, the Wildlife Code, or any administrative rules issued pursuant to this Code or the Wildlife Code.

The Department may establish rules and regulations for the issuance and use of lifetime licenses and may suspend or revoke any lifetime license issued under this Section for violations of those rules or regulations or other provisions under this Code or the Wildlife Code, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fish or aquatic life protected by this Code or the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fauna protected by the Wildlife Code when any part of the United States Code violation occurred in Illinois. Individuals under 16 years of age who possess a lifetime hunting or sportsmen's combination license shall have in their possession, while in the field, a certificate of competency as required under Section 3.2 of the Wildlife Code. Any lifetime license issued under this Section shall not exempt individuals from obtaining additional stamps or permits required under the provisions of this Code or the Wildlife Code. Individuals required to purchase additional stamps shall sign the stamps and have them in their possession while fishing or hunting with a lifetime license. All fees received from the issuance of lifetime licenses shall be deposited in the Fish and Wildlife Endowment Fund.

Except for licenses issued under subsection (e) of this Section, all licenses provided for in this Section shall expire on March 31 of each year, except that the license provided for in subsection (d) of this Section shall expire 24 hours after the effective date and time listed on the face of the license. Licenses issued under subsection (a-3) or (c-5) shall expire on March 31 of the 2nd year after the year in which the license is issued.

The Department shall by administrative rule provide for the automatic renewal of a fishing license upon the request of the applicant.

All individuals required to have and failing to have the license provided for in subsection (a), (a-3), or (d) of this Section shall be fined according to the provisions of Section 20-35 of this Code.

All individuals required to have and failing to have the licenses provided for in subsections (b) and (e) of this Section shall be guilty of a Class B misdemeanor.

(g) For the purposes of this Section, "acceptable verification" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.

For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.

(Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; 103-456, eff. 1-1-24; revised 7-3-25.)

(515 ILCS 5/20-50) (from Ch. 56, par. 20-50)

Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp shall be $6 for both resident and non-resident licensees. The fee for a salmon stamp shall be waived for residents over 75 years of age. Every person shall sign the salmon stamp or affix the salmon stamp to his or her license. These stamps shall expire on March 31 of each year. All individuals required to have and failing to have a salmon stamp as provided in Section 20-10 of this Code shall be guilty of a petty offense.

(Source: P.A. 98-800, eff. 8-1-14.)

(515 ILCS 5/20-90) (from Ch. 56, par. 20-90)

Sec. 20-90. Aquaculture permits. Any person who shall engage in the breeding, hatching, propagation, or raising of aquatic life, whether indigenous or non-indigenous to this State, shall first procure a permit from the Department to do so. Aquatic life specified, which is bred, hatched, propagated or raised by a person holding a permit as provided for in this Section, may be transported and sold for food or stocking purposes. Permittees who sell aquatic life propagated or raised under this permit are exempt from possessing a fish or minnow dealers license.

Aquaculture permit holders shall maintain records of all aquatic life bought, sold or shipped. These records shall include the name and address of the buyer and seller, the appropriate license or permit number of the buyer and seller, the date of the transaction, and the species, poundage, and origin of aquatic life involved. The records shall be kept for a minimum of 2 years from the date of the transaction and shall be made immediately available to authorized employees of the Department upon request. Records of the annual operations, as may be required by the Department, shall be forwarded to the Department upon request.

Nothing in this Section shall be construed to give permittees authority to take aquatic life in their wild or natural state, contrary to other provisions of this Code, or to remove the permittee from responsibility for the observance of any federal, State, or local laws, rules, or regulations that may apply to the aquatic life.

Aquaculture permit holders may harvest aquatic life on licensed aquaculture facilities with commercial fishing devices without obtaining any license for these devices.

Before any person imports or receives live, non-indigenous aquatic life for aquaculture or stocking purposes in this State, permission must be obtained from the Department. Regulations governing non-indigenous aquatic life shall be covered by administrative rule.

The annual fee for a permit under this Section shall be $50 and the permit shall expire on March 31 of each year.

Any person who violates any provisions of this Section, including administrative rules relating to this Section, shall be guilty of a business offense and fined not less than $1,000 and no more than $5,000.

Permitted aquaculture facilities are exempt from length size, catch, and possession limits and seasons on aquatic life when harvested, sold, or transported, except when taken by sport fishing devices.

All permits issued under this Section are valid only in the location described and designated in the application for such permit.

(Source: P.A. 100-256, eff. 1-1-18.)

(515 ILCS 5/20-95) (from Ch. 56, par. 20-95)

Sec. 20-95. Daily fee fishing area. Any person owning, controlling, or operating a water area, including access to this water area, that is used for fishing by those either directly or indirectly paying a daily fee for fishing shall make application to the Department for a license as provided in this Section. Upon receipt of an application, the Department shall inspect the proposed licensed area described in the application, the size and number of water areas, source of fish for stocking, species of fish to be stocked and determine the ability of the applicant to properly supervise a property of this character. If the Department finds that (i) the area is suitable for the purpose intended, (ii) the operation of the property is not a menace or being established contrary to the laws of this State, (iii) the operations of the fee fishing area will not work a fraud upon individuals utilizing the facilities, and (iv) the issuing of the license will be in the public interest, then the Department shall approve the application and issue a license to operate a "Daily Fee Fishing Area" as described in the application.

The fee for a license issued under this Section shall be $50 annually, and the license shall expire on March 31 following its issuance.

Records of the season's operations, as may be required by the Department, shall be forwarded to the Department by the licensee within 30 days after the expiration date of the license.

The Department may refuse to issue, refuse to renew, suspend, or revoke any license issued under this Section if the Department finds that the licensed area or its operator is not in compliance with this Section. The Department, unless authorized pursuant to Section 20-105, however, shall not refuse to issue or renew, or suspend or revoke, any license for any cause other than the protection of public health and safety or if the area is operated unlawfully, unless the licensee affected is given at least 15 days' days notice, in writing, of the reasons for the action of the Department and given an opportunity to appear before the Department or its representative in opposition to the action of the Department. The Department shal adopt rules establishing revocation and suspension procedures.

(Source: P.A. 100-256, eff. 1-1-18.)

(515 ILCS 5/20-105) (from Ch. 56, par. 20-105)

Sec. 20-105. Revocation and suspension; refusal to issue.

(a) Whenever a license or permit is issued to any person under this Code and its holder pleads guilty, is found guilty, or receives court supervision for: (1) of any misrepresentation in obtaining the license or permit; (2) or of a violation of Section 48-3 of the Criminal Code of 2012; (3) or a violation of any of the provisions of this Code, including administrative rules; or (4) , or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any aquatic life protected by this Code when any part of the United States Code violation occurred in Illinois, the license or permit may be revoked by the Department and the Department may refuse to issue any permit or license to that person and may suspend the person from engaging in the activity requiring the permit or license for a period of time as established by administrative rule, unless otherwise specified in this Act not to exceed 5 years following the revocation. Department revocation or suspension procedures procedure shall be established by administrative rule.

(b) Whenever any person who has not been issued a license or a permit under the provisions of this Code pleads guilty to, is found guilty of, or receives court supervision for any of the following: (1) a violation of Section 48-3 of the Criminal Code of 2012; (2) or a violation of the provisions of this Code, including administrative rules; or (3) , or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any aquatic life protected by this Code when any part of the United States Code violation occurred in Illinois, the Department may refuse to issue any permit or license to that person, and suspend that person from engaging in the activity requiring the permit or license for a period of time as established by administrative rule, unless otherwise specified in this Act not to exceed 5 years.

(c) Any person who knowingly or intentionally violates any of the provisions of this Code, including administrative rules, during the 5 years following the revocation of his or her license or permit under subsection (a) or during the time he is suspended under subsection (b), shall be guilty of a Class A misdemeanor as provided in Section 20-35. The penalties for a violation of Section 48-3 of the Criminal Code of 2012 shall be as provided in that Section.

(d) A person whose license or permit to engage in any activity regulated by this Code has been suspended or revoked may not, during the period of the suspension or revocation or until obtaining such a license or permit, (i) be in the company of any person engaging in the activity covered by the suspension or revocation or (ii) serve as a guide, outfitter, or facilitator for a person who is engaged or prepared to engage in the activity covered by the suspension or revocation.

(e) No person may be issued or obtain a license or permit or engage in any activity regulated by this Code during the time that the person's privilege to engage in the same or similar activities is suspended or revoked by another state, by a federal agency, or by a province of Canada.

(f) Any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. The Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Any person failing to comply with this subsection by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor.

(g) The Department shall suspend the privileges of any person who pleads guilty, is found guilty, or receives court supervision for a violation of Section 20-95. The Department may refuse to issue, refuse to renew, suspend, or revoke any license issued under Section 20-95 if the Department finds that the licensed area or its operator is not in compliance with Section 20-95. The Department, however, shall not suspend, revoke, or refuse to issue or renew any license issued under Section 20-95 for any cause other than the protection of public health and safety or, if the area is operated unlawfully, unless the licensee affected is given at least 15 days' notice, in writing, of the reasons for the action of the Department and given an opportunity to appear before the Department or its representative in opposition to the action of the Department.

(h) The Department shall not reinstate any fishing privileges that were suspended or revoked under this Code while that person still owes any court-ordered fines, fees, penalties, or any reinstatement fee issued by the Department under the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois.

(Source: P.A. 102-837, eff. 5-13-22; 103-456, eff. 1-1-24.)

(515 ILCS 5/1-15 rep.)

(515 ILCS 5/1-17 rep.)

(515 ILCS 5/1-18 rep.)

(515 ILCS 5/1-20 rep.)

(515 ILCS 5/1-20.5 rep.)

(515 ILCS 5/1-25 rep.)

(515 ILCS 5/1-26 rep.)

(515 ILCS 5/1-27 rep.)

(515 ILCS 5/1-30 rep.)

(515 ILCS 5/1-35 rep.)

(515 ILCS 5/1-40 rep.)

(515 ILCS 5/1-50 rep.)

(515 ILCS 5/1-80 rep.)

(515 ILCS 5/1-85 rep.)

(515 ILCS 5/1-90 rep.)

(515 ILCS 5/1-91 rep.)

(515 ILCS 5/1-95 rep.)

(515 ILCS 5/1-100 rep.)

(515 ILCS 5/1-103 rep.)

(515 ILCS 5/1-105 rep.)

(515 ILCS 5/1-110 rep.)

(515 ILCS 5/1-115 rep.)

(515 ILCS 5/1-116 rep.)

Section 10. The Fish and Aquatic Life Code is amended by repealing Sections 1-15, 1-17, 1-18, 1-20, 1-20.5, 1-25, 1-26, 1-27, 1-30, 1-35, 1-40, 1-50, 1-55, 1-80, 1-85, 1-90, 1-91, 1-95, 1-100, 1-103, 1-105, 1-110, 1-115, 1-116, 1-120, 5-25, 10-5, 10-20, 10-25, 10-50, 10-70, 10-75, 10-95, 10-140, 15-50, 15-60, 15-100, 15-120, 15-125, 15-145, 15-155, 20-5, 20-45, 20-50, 20-90, 20-95, and 20-105.