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1 | AN ACT concerning fish.
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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 Fish and Aquatic Life Code is amended by | ||||||
5 | changing Sections 5-25, 15-75, 15-85, 15-130, 15-135, 20-35, | ||||||
6 | 20-70, and 20-125 and by adding Sections 1-116, 1-117, 15-46, | ||||||
7 | 20-91, and 20-92 as follows: | ||||||
8 | (515 ILCS 5/1-116 new) | ||||||
9 | Sec. 1-116. Roe. "Roe" means the eggs of fish that are | ||||||
10 | whole and intact within the egg sac, whether within the body | ||||||
11 | cavity of the fish or removed. "Roe" does not include eggs | ||||||
12 | removed from the egg sac. | ||||||
13 | (515 ILCS 5/1-117 new) | ||||||
14 | Sec. 1-117. Roe-bearing species. "Roe-bearing species" | ||||||
15 | means sturgeon, paddlefish, bowfin, and any other fish listed | ||||||
16 | as such by the Department in an administrative rule.
| ||||||
17 | (515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
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18 | Sec. 5-25. Value of protected species; violations
| ||||||
19 | Protected aquatic life .
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20 | (a) Any person who, for profit or commercial purposes, | ||||||
21 | knowingly
captures or kills, possesses, offers for sale, sells, |
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1 | offers to barter,
barters, offers to purchase, purchases, | ||||||
2 | delivers for shipment, ships,
exports, imports, causes to be | ||||||
3 | shipped, exported, or imported, delivers for
transportation, | ||||||
4 | transports or causes to be transported, carries or causes
to be | ||||||
5 | carried, or receives for shipment, transportation, carriage, | ||||||
6 | or
export any aquatic life, in part or in whole of any of the | ||||||
7 | species
protected by this Code, contrary to the provisions of | ||||||
8 | the Code, and that
aquatic life, in whole or in part, is valued | ||||||
9 | at or in excess of a total of $300,
as per species value | ||||||
10 | specified in subsection (c) of this Section, commits a Class 3
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11 | felony.
| ||||||
12 | A person is guilty of a Class 4 felony if convicted under | ||||||
13 | this Section for more than one violation within a 90-day period | ||||||
14 | if the aquatic life involved in each violation are not valued | ||||||
15 | at or in excess of $300 but the total value of the aquatic life | ||||||
16 | involved with the multiple violations is at or in excess of | ||||||
17 | $300. The prosecution for a Class 4 felony for these multiple | ||||||
18 | violations must be alleged in a single charge or indictment and | ||||||
19 | brought in a single prosecution.
| ||||||
20 | Any person who violates this subsection (a) when the total | ||||||
21 | value of species is less than $300 commits a Class A | ||||||
22 | misdemeanor except as otherwise provided.
| ||||||
23 | (b) Possession of aquatic life, in whole or in part, | ||||||
24 | captured or killed
in violation of this Code, valued at or in | ||||||
25 | excess of $600, as per species value
specified in subsection | ||||||
26 | (c) of this Section, shall be considered prima facie
evidence |
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1 | of possession for profit or commercial purposes.
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2 | (c) For purposes of this Section, the fair market value or | ||||||
3 | replacement cost, whichever is greater, must be used to | ||||||
4 | determine the value of the species protected by this Code, but | ||||||
5 | in no case shall the minimum value of all aquatic life and | ||||||
6 | their
hybrids protected by
this Code, whether dressed or not | ||||||
7 | dressed, be less than the following
is as follows :
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8 | (1) For each muskellunge, northern pike, walleye,
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9 | striped bass, sauger, largemouth bass, smallmouth bass, | ||||||
10 | spotted bass, trout (all species), salmon (all species | ||||||
11 | other than chinook
caught from August 1 through December | ||||||
12 | 31), and sturgeon (other than pallid or lake sturgeon) of a | ||||||
13 | weight, dressed
or not dressed, of one pound or more, $4 | ||||||
14 | for each pound or fraction of a
pound. For each individual | ||||||
15 | fish with a dressed
or not dressed
weight of less than one | ||||||
16 | pound, $4. For parts of fish
processed
past the dressed | ||||||
17 | state, $8 per pound.
| ||||||
18 | (2) For each warmouth, rock bass, white bass, yellow | ||||||
19 | bass, sunfish (all
species except largemouth, smallmouth, | ||||||
20 | and spotted bass), bluegill, crappie,
bullheads, | ||||||
21 | pickerels, yellow perch, and catfish (all species) , and | ||||||
22 | mussels of a weight,
dressed or not dressed, of one pound | ||||||
23 | or more, $4 for each pound or fraction
of a pound of | ||||||
24 | aquatic life
fish . For each individual aquatic life
fish | ||||||
25 | with
a dressed or
not dressed weight of less than one | ||||||
26 | pound, $4. For aquatic life parts of
fish processed past |
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| |||||||
1 | the dressed state, $8 per pound.
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2 | (3) For processed turtle parts, $6 for each pound or | ||||||
3 | fraction of a pound.
For each non-processed turtle, $8 per | ||||||
4 | turtle.
| ||||||
5 | (4) For frogs, toads, salamanders, lizards, and | ||||||
6 | snakes, $8
$2
per animal in whole or in part.
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7 | (5) For goldeye, mooneye, carp, carpsuckers (all | ||||||
8 | species), suckers (all
species), redhorse (all species), | ||||||
9 | buffalo (all species), freshwater drum,
skipjack, shad | ||||||
10 | (all species), alewife, smelt, gar, bowfin, mussels, | ||||||
11 | chinook
salmon caught from August 1 through December 31, | ||||||
12 | and all other aquatic life
protected by this Code, not | ||||||
13 | listed in paragraphs (1), (2), (3), or (4) of
subsection | ||||||
14 | (c)
(b) of this Section, $1 per pound, in part or in whole.
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15 | (6) For each species listed on the federal or State | ||||||
16 | endangered and threatened species list, and for lake and | ||||||
17 | pallid sturgeon, $150 per animal in whole or in part.
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18 | (Source: P.A. 89-66, eff. 1-1-96.)
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19 | (515 ILCS 5/15-46 new) | ||||||
20 | Sec. 15-46. Taking of roe-bearing species by commercial | ||||||
21 | device. | ||||||
22 | (a) All commercial fishermen shall procure a commercial roe | ||||||
23 | harvest permit in addition to their commercial fishing license | ||||||
24 | before taking roe-bearing species with commercial fishing | ||||||
25 | devices from the waters of the State legally open to commercial |
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1 | fishing. Any person found guilty of a violation of this | ||||||
2 | subsection (a) is subject to the penalties provided in Section | ||||||
3 | 20-91 of this Code.
| ||||||
4 | (b) Any incidental catch of aquatic life not authorized for | ||||||
5 | taking with commercial devices must be returned immediately | ||||||
6 | without harm to the water. Any person found guilty of a | ||||||
7 | violation of this subsection (b) is guilty of a Class B | ||||||
8 | misdemeanor.
| ||||||
9 | (515 ILCS 5/15-75) (from Ch. 56, par. 15-75)
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10 | Sec. 15-75. Record of catch; inspection of record. | ||||||
11 | Commercial fishermen ,
and musselors , and commercial roe | ||||||
12 | harvesters shall keep an accurate record of their catch. This | ||||||
13 | record,
showing the species and number of pounds of fish ,
or | ||||||
14 | mussels , or roe taken, type of
commercial devices used, and | ||||||
15 | location from which taken, shall be open for
inspection by the | ||||||
16 | employees of the Department at all times. This
information | ||||||
17 | shall be submitted to the Department on forms furnished for
| ||||||
18 | that purpose by the Department and at intervals prescribed by | ||||||
19 | the
Department. Failure to submit required reports , as | ||||||
20 | required, shall be grounds for
license suspension or | ||||||
21 | revocation.
| ||||||
22 | (Source: P.A. 87-833.)
| ||||||
23 | (515 ILCS 5/15-85) (from Ch. 56, par. 15-85)
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24 | Sec. 15-85. Dragging nets. It shall be unlawful to pull, |
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1 | drag, haul, or
draw to, towards, or near the shore of any body | ||||||
2 | of water, or to or against
a backstop, a net device of any kind | ||||||
3 | except a seine. Nothing in this Section, however, shall | ||||||
4 | prohibit the use of a trammel or gill net attached to a single | ||||||
5 | boat while the net is being placed, set, or adjusted.
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6 | (Source: P.A. 87-833.)
| ||||||
7 | (515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
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8 | Sec. 15-130. Gill or trammel net. It shall be unlawful to | ||||||
9 | use a gill or
trammel net except in the Mississippi River, in | ||||||
10 | the Ohio River, and in the
Illinois River from
its mouth up to | ||||||
11 | the Illinois River bridge, Highway Route 89, including
adjacent | ||||||
12 | backwaters but not above the mouth of any stream, ditch, or
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13 | tributary connected to these backwaters. No trammel net used | ||||||
14 | under this
Section shall have meshes less than 2 inches bar | ||||||
15 | measurement and no gill
net used under this Section shall have | ||||||
16 | meshes less than 4 inches bar
measurement. No gill or trammel | ||||||
17 | net shall be less than 100 feet in length.
| ||||||
18 | All gill or trammel nets that are set in any body of water | ||||||
19 | shall be under
the immediate supervision of the operator, who | ||||||
20 | may be the licensee or his
or her employee, except (i) from May | ||||||
21 | 1 to September 30, (ii) when the nets
are set under the ice, or | ||||||
22 | (iii) from sunset to sunrise , or (iv) as specified by | ||||||
23 | administrative rule . Immediate
supervision shall be defined as | ||||||
24 | the operator being on the waters where the
nets are set to be | ||||||
25 | readily available to identify the nets to law
enforcement |
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1 | officers empowered to enforce this Code. It shall be unlawful
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2 | for any employee on any one day to lift or attend nets of more | ||||||
3 | than
one licensee.
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4 | All gill or trammel nets set under the ice shall be at a | ||||||
5 | distance of not
less than 100 yards from any natural opening in | ||||||
6 | the ice.
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7 | The Department may modify provisions of this Section as | ||||||
8 | provided in
Section 1-135.
| ||||||
9 | (Source: P.A. 90-435, eff. 1-1-98.)
| ||||||
10 | (515 ILCS 5/15-135) (from Ch. 56, par. 15-135)
| ||||||
11 | Sec. 15-135. License in possession.
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12 | (a) It is unlawful, for the purposes of operation of | ||||||
13 | fishing or musseling devices, (i) for licensed
Licensed | ||||||
14 | commercial fishermen or
and
musselors shall be required to | ||||||
15 | maintain all necessary licenses in
accordance with Section | ||||||
16 | 20-65, and it shall be unlawful for any licensee to
loan | ||||||
17 | licenses to any other individual , or (ii) for any person to | ||||||
18 | possess the license of another
for operation of fishing or | ||||||
19 | musseling
devices . | ||||||
20 | (b) It shall be unlawful to disturb in any manner the | ||||||
21 | licensed devices
of another person without consent of that | ||||||
22 | person.
| ||||||
23 | (Source: P.A. 87-833.)
| ||||||
24 | (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
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1 | Sec. 20-35. Offenses.
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2 | (a) Except as prescribed in Section 5-25 and unless | ||||||
3 | otherwise provided in
this Code, any person who is found guilty | ||||||
4 | of violating any of the provisions
of this Code, including | ||||||
5 | administrative rules, is guilty of a petty offense.
| ||||||
6 | Any person who violates any of the provisions of Section | ||||||
7 | 15-45 or 15-60, including administrative rules related to those | ||||||
8 | Sections, is guilty of a Class C misdemeanor.
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9 | Any person who violates any of the provisions of Section | ||||||
10 | 5-20, 10-5,
10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, | ||||||
11 | 10-60, 10-70, 10-75, 10-95,
10-115, 10-135, 15-5, 15-10, 15-15, | ||||||
12 | 15-20, 15-30, 15-32, 15-40, 15-46(b)
15-45 , 15-55,
15-60, | ||||||
13 | 15-65, 15-75, 15-80, 15-85, 15-90, 15-95, 15-100, 15-105, | ||||||
14 | 15-110,
15-115, 15-120, 15-130, 15-140, 20-70, 20-75, 20-80, | ||||||
15 | 20-85 (except subsections (b), (c), (d), (e), (f), and (g)), | ||||||
16 | 20-125(c), 25-5, 25-10, 25-15, or
25-20 of this Code, including | ||||||
17 | administrative rules relating to those Sections,
is guilty of a | ||||||
18 | Class B misdemeanor.
| ||||||
19 | Any person who violates any of the provisions of Section | ||||||
20 | 1-200, 1-205,
10-55, 10-80, 10-100(b), 15-35, 15-46(a), | ||||||
21 | 15-135, 20-91, 20-92,
or 20-120 , or 20-125(d) of this Code, | ||||||
22 | including administrative rules
relating to those Sections, is | ||||||
23 | guilty of a Class A misdemeanor.
| ||||||
24 | Any person who violates any of the provisions of this Code, | ||||||
25 | including
administrative rules, during the 5 years following | ||||||
26 | the revocation of his or
her license, permit, or privileges |
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| |||||||
1 | under Section 20-105 is guilty of a Class
A misdemeanor.
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2 | Any person who violates Section 5-25 of this Code, | ||||||
3 | including administrative
rules, is guilty of a Class 3 felony | ||||||
4 | except as otherwise provided in subsection (a) of Section 5-25 .
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5 | (b)(1) It is unlawful for any person to take or attempt to | ||||||
6 | take aquatic
life from any aquatic life farm except with the | ||||||
7 | consent of the owner of the
aquatic life farm. Any person | ||||||
8 | possessing fishing tackle on the premises of an
aquatic life | ||||||
9 | farm is presumed to be fishing. The presumption may be rebutted
| ||||||
10 | by clear and convincing evidence. All fishing tackle, | ||||||
11 | apparatus, and vehicles
used in the violation of this | ||||||
12 | subsection (b) shall be confiscated by the
arresting officer. | ||||||
13 | Except as otherwise provided in this subsection, the
seizure | ||||||
14 | and confiscation procedures set forth in Section 1-215 of this | ||||||
15 | Code
shall apply. If the confiscated property is determined by | ||||||
16 | the circuit court
to have been used in the violation of this | ||||||
17 | subsection (b), the confiscated
property shall be sold at | ||||||
18 | public auction by the county sheriff of the county
where the | ||||||
19 | violation occurred. The proceeds of the sale shall be deposited | ||||||
20 | in
the county general fund; provided that the auction may be | ||||||
21 | stayed by an
appropriate court order.
| ||||||
22 | (2) A violation of paragraph (1) of this subsection (b) is | ||||||
23 | a Class A
misdemeanor for a first offense and a Class 4 felony | ||||||
24 | for a second or subsequent
offense.
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25 | (c)(1) It is unlawful for any person to trespass or fish on | ||||||
26 | an aquatic life
farm located on a strip mine lake or other body |
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1 | of water used for aquatic life
farming operations, or within a | ||||||
2 | 200 foot buffer zone surrounding cages or
netpens that are | ||||||
3 | clearly delineated by buoys of a posted aquatic life farm, by
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4 | swimming, scuba diving, or snorkeling in, around, or under the | ||||||
5 | aquatic life
farm or by operating a watercraft over, around, or | ||||||
6 | in the aquatic life farm
without the consent of the owner of | ||||||
7 | the aquatic life farm.
| ||||||
8 | (2) A violation of paragraph (1) of this subsection (c) is | ||||||
9 | a Class B
misdemeanor for a first offense and a Class A | ||||||
10 | misdemeanor for a second or
subsequent offense. All fishing | ||||||
11 | tackle, apparatus, and watercraft used in a
second or | ||||||
12 | subsequent violation of this subsection (c) shall be | ||||||
13 | confiscated by
the arresting officer. Except as otherwise | ||||||
14 | provided in this subsection, the
seizure and confiscation | ||||||
15 | procedures set forth in Section 1-215 of this Code
shall apply. | ||||||
16 | If the confiscated property is determined by the circuit court
| ||||||
17 | to have been used in a violation of this subsection (c), the | ||||||
18 | confiscated
property shall be sold at public auction by the | ||||||
19 | county sheriff of the county
where the violation occurred. The | ||||||
20 | proceeds of the sale shall be deposited
in the county general | ||||||
21 | fund; provided that the auction may be stayed by an
appropriate | ||||||
22 | court order.
| ||||||
23 | (d) Offenses committed by minors under the direct control | ||||||
24 | or with the
consent of a parent or guardian may subject the | ||||||
25 | parent or guardian to the
penalties prescribed in this Section | ||||||
26 | or as otherwise provided in this Code.
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1 | (e) In addition to any fines imposed under this Section, or | ||||||
2 | as otherwise
provided in this Code, any person found guilty of | ||||||
3 | unlawfully taking or
possessing any aquatic life protected by | ||||||
4 | this Code shall be assessed a
civil penalty for that aquatic | ||||||
5 | life in accordance with the values
prescribed in Section 5-25 | ||||||
6 | of this Code. This civil penalty shall be
imposed at the time | ||||||
7 | of the conviction by the Circuit Court for the county
where the | ||||||
8 | offense was committed. Except as otherwise provided for in
| ||||||
9 | subsections (b) and (c) of this Section, all penalties provided | ||||||
10 | for in this
Section shall be remitted to the Department in | ||||||
11 | accordance with the provisions
of Section 1-180 of this Code.
| ||||||
12 | (Source: P.A. 94-222, eff. 7-14-05; 94-592, eff. 1-1-06; | ||||||
13 | revised 8-19-05.)
| ||||||
14 | (515 ILCS 5/20-70) (from Ch. 56, par. 20-70)
| ||||||
15 | Sec. 20-70. Non-resident and resident aquatic life
| ||||||
16 | dealers. Non-resident
and resident aquatic life dealers shall | ||||||
17 | maintain records of all fish and other
aquatic life bought, | ||||||
18 | sold, or shipped in Illinois. These records shall
include the | ||||||
19 | name of the seller and the species and poundage of the fish or
| ||||||
20 | aquatic life involved. The records shall be kept for a minimum | ||||||
21 | of one year
from the date of the transaction and shall be made | ||||||
22 | immediately available to
authorized employees of the | ||||||
23 | Department upon request.
| ||||||
24 | (a) Non-resident aquatic life dealers. Any person not a | ||||||
25 | resident
of Illinois who sells or ships to other wholesalers, |
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| |||||||
1 | retailers, or
consumers any of the aquatic life protected by | ||||||
2 | this Code, whether from
waters within or without the State is a | ||||||
3 | non-resident aquatic life dealer within
the meaning of this | ||||||
4 | Code.
| ||||||
5 | All licenses issued to non-resident aquatic life
dealers | ||||||
6 | are valid only in
the location described and designated in the | ||||||
7 | application for the
license. Wholesalers may deliver their | ||||||
8 | products by truck or common
carrier of any type but must | ||||||
9 | possess a separate license for each truck
from which aquatic | ||||||
10 | life are being sold if business is solicited
from the
trucks.
| ||||||
11 | Application for a non-resident aquatic life dealer's | ||||||
12 | license shall be made to
and upon forms furnished by the | ||||||
13 | Department and shall be in the form as the
Department may | ||||||
14 | prescribe. The annual fee for a non-resident aquatic life
| ||||||
15 | dealer's
license shall be $100. All non-resident aquatic life | ||||||
16 | dealer licenses shall expire
on January 31 of each year.
| ||||||
17 | Non-residents purchasing aquatic life in Illinois for sale | ||||||
18 | solely outside
the State are exempt from possessing an aquatic | ||||||
19 | life dealer's license if
purchases are made from a licensed | ||||||
20 | resident wholesale or retail aquatic life
dealer.
| ||||||
21 | (b) Resident aquatic life dealer's licenses. Any person | ||||||
22 | conducting a fish market
or buying, selling, or shipping any | ||||||
23 | aquatic life (except minnows) protected
by this Code, whether | ||||||
24 | from waters within or without the State, shall first
procure a | ||||||
25 | license from the Department to do so, including any commercial
| ||||||
26 | fisherman selling live fish for stocking only. Any commercial |
| |||||||
| |||||||
1 | fisherman selling fish
legally caught or taken by themselves to | ||||||
2 | a resident licensed wholesale aquatic life
dealer, however, is | ||||||
3 | exempt from the provisions of this Section.
| ||||||
4 | (1) Wholesale aquatic life dealer's license.
Any | ||||||
5 | resident of this State who, within the State of Illinois,
| ||||||
6 | conducts a wholesale fish market or who sells or ships to | ||||||
7 | any
other wholesaler, retailer, or other commercial | ||||||
8 | institution aquatic
life protected by this
Code, whether | ||||||
9 | from waters within or without the State, is a
resident | ||||||
10 | wholesale aquatic life dealer in the meaning of this Code.
| ||||||
11 | This provision, however, does not apply to minnows or | ||||||
12 | saltwater species commonly used as seafood that will not | ||||||
13 | survive in freshwater, such as lobsters, clams, mussels, | ||||||
14 | and oysters.
| ||||||
15 | All licenses issued to resident wholesale aquatic life | ||||||
16 | dealers are valid only
in the location described and | ||||||
17 | designated in the application for license.
Wholesale | ||||||
18 | aquatic life dealers may deliver their products by truck or | ||||||
19 | other common
carrier but must possess a separate license | ||||||
20 | for each truck from which aquatic
life is being sold if | ||||||
21 | business is solicited from the truck. Applications for
| ||||||
22 | resident wholesale aquatic life dealer's licenses shall be | ||||||
23 | made to and upon forms
furnished by the Department, which | ||||||
24 | shall be in the form as the Department
may prescribe. The | ||||||
25 | annual license fee for each wholesale aquatic life dealer's
| ||||||
26 | license is $50. All wholesale aquatic life dealer's |
| |||||||
| |||||||
1 | licenses shall expire on
January 31 of each year.
| ||||||
2 | (2) Retail aquatic life dealer's license. Any resident | ||||||
3 | of the State of
Illinois who, within the State of Illinois, | ||||||
4 | conducts a retail fish market
where he or she sells or | ||||||
5 | offers for sale any
aquatic life protected by
this Code, | ||||||
6 | whether from waters from within or without the State, is a
| ||||||
7 | retail aquatic life dealer in the meaning of this Code.
| ||||||
8 | This provision, however, does not apply to minnows or | ||||||
9 | saltwater species commonly used as seafood that will not | ||||||
10 | survive in freshwater, such as lobsters, clams, mussels, | ||||||
11 | and oysters.
| ||||||
12 | All licenses issued to resident aquatic life
dealers | ||||||
13 | are valid only in the
location described and designated in | ||||||
14 | the application for the license.
Retailers may deliver | ||||||
15 | their products by truck or other common carrier but
must | ||||||
16 | possess a separate license for each truck from which | ||||||
17 | aquatic life is being
sold if business is solicited from | ||||||
18 | the truck.
| ||||||
19 | Applications for resident retail aquatic life
dealer's | ||||||
20 | licenses shall be made
to and upon forms furnished by the | ||||||
21 | Department, which shall be in the form
the Department may | ||||||
22 | prescribe. The annual license for each resident retail
| ||||||
23 | aquatic life dealer's license is $10. All these licenses | ||||||
24 | shall expire on January 31
of each year.
| ||||||
25 | (3) Separate licenses. A license shall be procured for | ||||||
26 | each separate
fish market or place of business operated by |
| |||||||
| |||||||
1 | any wholesale or retail aquatic life
dealer, whether a | ||||||
2 | resident or non-resident, and for each vehicle from which
| ||||||
3 | aquatic life is sold. All licenses shall be conspicuously | ||||||
4 | displayed at all
times.
| ||||||
5 | (c) The Department may adopt administrative rules | ||||||
6 | pertaining to non-resident and resident aquatic life dealers. | ||||||
7 | Any person who violates any provision of this Section 20-70, or | ||||||
8 | related administrative rule, is guilty of a Class B | ||||||
9 | misdemeanor.
| ||||||
10 | (Source: P.A. 94-592, eff. 1-1-06.)
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11 | (515 ILCS 5/20-91 new) | ||||||
12 | Sec. 20-91. Commercial roe harvest permit. | ||||||
13 | (a) Any commercial fisherman who engages in taking | ||||||
14 | roe-bearing species with commercial fishing devices from | ||||||
15 | legally open waters of the State must annually procure a | ||||||
16 | commercial roe harvest permit from the Department. All | ||||||
17 | individuals assisting a licensed commercial roe harvester in | ||||||
18 | taking roe bearing fishes must also have a commercial roe | ||||||
19 | harvest permit unless these individuals are under the direct | ||||||
20 | supervision of and aboard the same watercraft as the licensed | ||||||
21 | commercial roe harvester. The annual fee for a commercial roe | ||||||
22 | harvest permit is $250 for State residents and $3,500 for | ||||||
23 | non-residents. All commercial roe harvest permits shall expire | ||||||
24 | on May 31 of each year.
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25 | (b) It is unlawful for a commercial roe harvest permittee |
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1 | to possess roe more than 5 days after the conclusion of the | ||||||
2 | harvest season without a commercial roe dealer permit.
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3 | (c) Violation of this Section is a Class A misdemeanor with | ||||||
4 | a minimum mandatory fine of $500.
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5 | (515 ILCS 5/20-92 new) | ||||||
6 | Sec. 20-92. Commercial roe dealer permit. | ||||||
7 | (a) Any resident wholesale aquatic life dealer who buys, | ||||||
8 | sells, or ships roe from roe-bearing species, whether from the | ||||||
9 | waters within or without the State, must annually procure a | ||||||
10 | commercial roe dealer permit from the Department in addition to | ||||||
11 | an aquatic life dealers permit. The annual fee for a commercial | ||||||
12 | roe dealer permit is $500 for resident wholesale aquatic life | ||||||
13 | dealers and $1,500 for non-resident aquatic life dealers. All | ||||||
14 | commercial roe dealer permits shall expire on May 31 of each | ||||||
15 | year.
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16 | (b) Legally licensed commercial roe dealer permit holders | ||||||
17 | may designate up to 2 employees on their commercial roe dealer | ||||||
18 | permit. Employees designated on a commercial roe dealer permit | ||||||
19 | must retain a copy of this permit in their possession while | ||||||
20 | transporting roe bearing fishes either whole or in part.
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21 | (c) A violation of this Section is a Class A misdemeanor | ||||||
22 | with a minimum mandatory fine of $500.
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23 | (515 ILCS 5/20-125) (from Ch. 56, par. 20-125)
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24 | Sec. 20-125. Records; reports; receipts
Receipts . |
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1 | (a) Any person engaged in the buying, selling, or shipping | ||||||
2 | of aquatic life in the State, under Sections 20-70, 20-75, | ||||||
3 | 20-80, 20-91, and 20-92 of this Act, shall maintain the | ||||||
4 | following minimum records:
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5 | (1) the name and address of the buyer;
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6 | (2) the name and address of the seller;
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7 | (3) the date of the transaction;
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8 | (4) the species and quantity to the nearest half pound, | ||||||
9 | if applicable, or number of whole species bought, sold, or | ||||||
10 | shipped; and
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11 | (5) the license or permit number of the buyer and | ||||||
12 | seller, if applicable. | ||||||
13 | Reports must be submitted to the Department on forms | ||||||
14 | furnished for that purpose by the Department and at intervals | ||||||
15 | prescribed by the Department by administrative rule. Failure to | ||||||
16 | submit reports as required is grounds for license suspension or | ||||||
17 | revocation.
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18 | (b) All aquatic life dealers, including but not
limited to | ||||||
19 | minnow dealers, fish dealers, commercial roe dealers, mussel | ||||||
20 | dealers, and breeders,
shall, upon purchasing or receiving any | ||||||
21 | aquatic life protected by this
Code, issue a numbered receipt | ||||||
22 | to the commercial fisherman, musselor,
dealer, breeder, or | ||||||
23 | other person from whom the aquatic life was purchased,
setting | ||||||
24 | forth the number of pounds and kinds of aquatic life, the date | ||||||
25 | of
purchase, the price paid per pound for each species, the | ||||||
26 | name and address
of the commercial fisherman, musselor, dealer, |
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1 | breeder, or other person
from whom the aquatic life was | ||||||
2 | purchased, and the appropriate license
number of the commercial | ||||||
3 | fisherman, musselor, dealer, breeder, or other
person from whom | ||||||
4 | the aquatic life was purchased if applicable, and the
origin of | ||||||
5 | the aquatic life.
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6 | The original receipt shall be retained by the aquatic life | ||||||
7 | dealer for a
minimum of 2 years from the date of purchase | ||||||
8 | listed on the receipt. A
duplicate receipt shall be given to | ||||||
9 | the commercial fisherman, musselor, dealer,
breeder, or other | ||||||
10 | person from whom the aquatic life was purchased at the
time of | ||||||
11 | purchase.
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12 | (c) All receipts, reports, and records required by the | ||||||
13 | Department in subsections (a) and (b) shall
be available for | ||||||
14 | inspection by any authorized employee of the Department or
any | ||||||
15 | other peace officer upon request. Failure to comply with the
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16 | provisions of this subsection (c)
Section shall bar the | ||||||
17 | licensee from obtaining a permit
or license for aquatic life | ||||||
18 | purchasing for the following year. Any person
who violates any | ||||||
19 | of the provisions of this subsection (c)
Section shall be | ||||||
20 | guilty of a
Class B misdemeanor.
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21 | (d) It is unlawful to falsify any information or record or | ||||||
22 | to provide fraudulent information or records to the Department. | ||||||
23 | Violation of this subsection (d) is a Class A misdemeanor.
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24 | (Source: P.A. 87-833.)
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25 | (515 ILCS 5/15-150 rep.)
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1 | Section 10. The Fish and Aquatic Life Code is amended by | ||||||
2 | repealing Section 15-150.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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