Illinois General Assembly - Full Text of HB2744
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Full Text of HB2744  102nd General Assembly

HB2744eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB2744 EngrossedLRB102 11467 KMF 16801 b

1    AN ACT concerning fish.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 1-230, 20-5, 20-20, 20-45, 20-55, 20-110,
6and 20-115, and by adding Sections 20-12 and 20-52 as follows:
 
7    (515 ILCS 5/1-230)  (from Ch. 56, par. 1-230)
8    Sec. 1-230. Wildlife and Fish Fund; disposition of money
9received. All fees, fines, income of whatever kind or nature
10derived from hunting and fishing activities on lands, waters,
11or both under the jurisdiction or control of the Department,
12and all penalties collected under this Code shall be deposited
13into the State Treasury and shall be set apart in a special
14fund to be known as the Wildlife and Fish Fund; except that
15fees derived solely from the sale of salmon stamps, income
16from art contests for the salmon stamp, including income from
17the sale of reprints, and gifts, donations, grants, and
18bequests of money for the conservation and propagation of
19salmon shall be deposited into the State Treasury and set
20apart in the special fund to be known as the Salmon Fund; and
21except that fees derived solely from the sale of state
22migratory waterfowl stamps, and gifts, donations, grants and
23bequests of money for the conservation and propagation of

 

 

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1waterfowl, shall be deposited into the State Treasury and set
2apart in the special fund to be known as the State Migratory
3Waterfowl Stamp Fund; and except that fees derived solely from
4the sale of aquatic conservation stamps, and gifts, donations,
5grants, and bequests of money for the conservation of aquatic
6life, including, but not limited to, combating aquatic
7nuisance species, shall be deposited into the State treasury
8and set apart in the special fund to be known as the Aquatic
9Conservation Stamp Fund. All interest that accrues from moneys
10in the Wildlife and Fish Fund, the Salmon Fund, and the State
11Migratory Waterfowl Stamp Fund shall be retained in those
12funds respectively. Except for the additional moneys deposited
13under Section 805-550 of the Department of Natural Resources
14(Conservation) Law of the Civil Administrative Code of
15Illinois, appropriations from the Wildlife and Fish Fund shall
16be made only to the Department for the carrying out of the
17powers and functions vested by law in the Department for the
18administration and management of fish and wildlife resources
19of this State for such activities as (i) the purchase of land
20for fish hatcheries, wildlife refuges, preserves, and public
21shooting and fishing grounds; (ii) the purchase and
22distribution of wild birds, the eggs of wild birds, and wild
23mammals; (iii) the rescuing, restoring and distributing of
24fish; (iv) the maintenance of wildlife refuges or preserves,
25public shooting grounds, public fishing grounds, and fish
26hatcheries; and (v) the feeding and care of wild birds, wild

 

 

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1mammals, and fish. Appropriations from the Salmon Fund shall
2be made only to the Department to be used solely for the
3conservation and propagation of salmon, including
4construction, operation, and maintenance of a cold water
5hatchery, and for payment of the costs of printing salmon
6stamps, the expenses incurred in acquiring salmon stamp
7designs, and the expenses of producing reprints.
8Appropriations from the Aquatic Conservation Stamp Fund shall
9be made only to the Division of Fisheries of the Department to
10be used solely for the conservation of aquatic life,
11including, but not limited to, combating aquatic nuisance
12species, for the payment of the costs of printing aquatic
13conservation stamps, for the expenses incurred in acquiring
14aquatic conservation stamp designs, and for the expenses of
15producing reprints.
16(Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11;
1796-1518, eff. 2-4-11.)
 
18    (515 ILCS 5/20-5)  (from Ch. 56, par. 20-5)
19    Sec. 20-5. Necessity of license; exemptions.
20    (a) Any person taking or attempting to take any fish,
21including minnows for commercial purposes, turtles, mussels,
22crayfish, or frogs by any means whatever in any waters or lands
23wholly or in part within the jurisdiction of the State,
24including that part of Lake Michigan under the jurisdiction of
25this State, shall first obtain a license to do so, and shall do

 

 

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1so only during the respective periods of the year when it shall
2be lawful as provided in this Code. Individuals under 16,
3blind residents or residents with a disability, individuals
4holding a scientific collector's permit under this Code, or
5individuals fishing at fee fishing areas licensed by the
6Department, however, may fish with sport fishing devices
7without being required to have a license. For the purpose of
8this Section an individual is blind or has a disability if that
9individual has a Class 2 disability as defined in Section 4A of
10the Illinois Identification Card Act. For purposes of this
11Section an Illinois Person with a Disability Identification
12Card issued under the Illinois Identification Card Act
13indicating that the individual named on the card has a Class 2
14disability shall be adequate documentation of a disability.
15    (b) A courtesy non-resident sport fishing license or stamp
16may be issued at the discretion of the Director, without fee,
17to (i) any individual officially employed in the wildlife and
18fish or conservation department of another state or of the
19United States who is within the State to assist or consult or
20cooperate with the Director or (ii) the officials of other
21states, the United States, foreign countries, or officers or
22representatives of conservation organizations or publications
23while in the State as guests of the Governor or Director.
24    (c) The Director may issue special fishing permits without
25cost to groups of hospital patients or to individuals with
26disabilities for use on specified dates in connection with

 

 

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1supervised fishing for therapy.
2    (d) Veterans who, according to the determination of the
3Veterans' Administration as certified by the Department of
4Veterans' Affairs, are at least 10% disabled with
5service-related disabilities or in receipt of total disability
6pensions may fish with sport fishing devices during those
7periods of the year it is lawful to do so without being
8required to have a license, on the condition that their
9respective disabilities do not prevent them from fishing in a
10manner which is safe to themselves and others.
11    (e) Each year the Director may designate a period, not to
12exceed 4 days in duration, when sport fishermen may fish
13waters wholly or in part within the jurisdiction of the State,
14including that part of Lake Michigan under the jurisdiction of
15the State, and not be required to obtain the license or stamps
16stamp required by subsection (a) of this Section, Section
1720-10, Section 20-11, or Section 20-12 or subsection (a) of
18Section 20-55. The term of any such period shall be
19established by administrative rule. This subsection shall not
20apply to commercial fishing.
21    (f) The Director may issue special fishing permits without
22cost for a group event, restricted to specific dates and
23locations if it is determined by the Department that the event
24is beneficial in promoting sport fishing in Illinois.
25(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    (515 ILCS 5/20-12 new)
2    Sec. 20-12. Aquatic Conservation Stamp.
3    (a) Any individual taking or attempting to take any fish,
4including minnows for commercial purposes, turtles, mussels,
5crayfish, or frogs by any means whatever in any waters of the
6State, in addition to any other license required by this Code,
7must first obtain an aquatic conservation stamp authorized by
8the Department. Individuals not required to obtain a license
9are not required to obtain an aquatic conservation stamp.
10    (b) The aquatic conservation stamp does not exempt the
11licensee from any salmon or inland trout stamp requirement.
12    (c) An aquatic conservation stamp may be issued at the
13discretion of the Director without fee.
 
14    (515 ILCS 5/20-20)  (from Ch. 56, par. 20-20)
15    Sec. 20-20. Non-resident licenses. Any individuals 16
16years of age or older not residents of the State of Illinois
17shall, before taking or attempting to take any fish, including
18minnows for commercial purposes, turtles, mussels, crayfish,
19or frogs aquatic life protected by this Code by any means
20whatever in the State of Illinois, obtain a non-resident
21license to do so. Any individual required to obtain a license
22under this Section shall also obtain an aquatic conservation
23stamp prior to any take or attempted take. In addition, before
24taking or attempting to take salmon from Lake Michigan, a
25non-resident 16 years of age or older shall obtain a salmon

 

 

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1stamp authorized by the Department, and before taking or
2attempting to take trout from all waters except Lake Michigan,
3a non-resident 16 years of age or older shall obtain an inland
4trout stamp authorized by the Department.
5(Source: P.A. 87-833; 88-91.)
 
6    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
7    Sec. 20-45. License fees for residents. Fees for licenses
8for residents of the State of Illinois shall be as follows:
9        (a) Except as otherwise provided in this Section, for
10    sport fishing devices as defined in Section 10-95 or
11    spearing devices as defined in Section 10-110, the fee is
12    $14.50 for individuals 16 to 64 years old, one-half of the
13    current fishing license fee for individuals age 65 or
14    older, and, commencing with the 2012 license year,
15    one-half of the current fishing license fee for resident
16    veterans of the United States Armed Forces after returning
17    from service abroad or mobilization by the President of
18    the United States. Veterans must provide, to the
19    Department at one of the Department's 5 regional offices,
20    verification of their service. The Department shall
21    establish what constitutes suitable verification of
22    service for the purpose of issuing fishing licenses to
23    resident veterans at a reduced fee.
24        (a-5) The fee for all sport fishing licenses shall be
25    $1 for residents over 75 years of age.

 

 

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1        (b) All residents before using any commercial fishing
2    device shall obtain a commercial fishing license, the fee
3    for which shall be $60 and a resident fishing license, the
4    fee for which is $14.50. Each and every commercial device
5    used shall be licensed by a resident commercial fisherman
6    as follows:
7            (1) For each 100 lineal yards, or fraction
8        thereof, of seine the fee is $18. For each minnow
9        seine, minnow trap, or net for commercial purposes the
10        fee is $20.
11            (2) For each device to fish with a 100 hook trot
12        line device, basket trap, hoop net, or dip net the fee
13        is $3.
14            (3) When used in the waters of Lake Michigan, for
15        the first 2000 lineal feet, or fraction thereof, of
16        gill net the fee is $10; and for each 1000 additional
17        lineal feet, or fraction thereof, the fee is $10.
18        These fees shall apply to all gill nets in use in the
19        water or on drying reels on the shore.
20            (4) For each 100 lineal yards, or fraction
21        thereof, of gill net or trammel net the fee is $18.
22        (c) Residents of the State of Illinois may obtain a
23    sportsmen's combination license that shall entitle the
24    holder to the same non-commercial fishing privileges as
25    residents holding a license as described in subsection (a)
26    of this Section and to the same hunting privileges as

 

 

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1    residents holding a license to hunt all species as
2    described in Section 3.1 of the Wildlife Code. No
3    sportsmen's combination license shall be issued to any
4    individual who would be ineligible for either the fishing
5    or hunting license separately. The sportsmen's combination
6    license fee shall be $25.50. For residents age 65 or
7    older, the fee is one-half of the fee charged for a
8    sportsmen's combination license. For resident veterans of
9    the United States Armed Forces after returning from
10    service abroad or mobilization by the President of the
11    United States, the fee, commencing with the 2012 license
12    year, is one-half of the fee charged for a sportsmen's
13    combination license. Veterans must provide to the
14    Department, at one of the Department's 5 regional offices,
15    verification of their service. The Department shall
16    establish what constitutes suitable verification of
17    service for the purpose of issuing sportsmen's combination
18    licenses to resident veterans at a reduced fee.
19        (d) For 24 hours of fishing by sport fishing devices
20    as defined in Section 10-95 or by spearing devices as
21    defined in Section 10-110 the fee is $5. This license does
22    not exempt the licensee from the requirement for a salmon,
23    or inland trout, or aquatic conservation stamp. The
24    licenses provided for by this subsection are not required
25    for residents of the State of Illinois who have obtained
26    the license provided for in subsection (a) of this

 

 

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1    Section.
2        (e) All residents before using any commercial mussel
3    device shall obtain a commercial mussel license, the fee
4    for which shall be $50.
5        (f) Residents of this State, upon establishing
6    residency as required by the Department, may obtain a
7    lifetime hunting or fishing license or lifetime
8    sportsmen's combination license which shall entitle the
9    holder to the same non-commercial fishing privileges as
10    residents holding a license as described in paragraph (a)
11    of this Section and to the same hunting privileges as
12    residents holding a license to hunt all species as
13    described in Section 3.1 of the Wildlife Code. No lifetime
14    sportsmen's combination license shall be issued to or
15    retained by any individual who would be ineligible for
16    either the fishing or hunting license separately, either
17    upon issuance, or in any year a violation would subject an
18    individual to have either or both fishing or hunting
19    privileges rescinded. The lifetime hunting and fishing
20    license fees shall be as follows:
21            (1) Lifetime fishing: 30 x the current fishing
22        license fee.
23            (2) Lifetime hunting: 30 x the current hunting
24        license fee.
25            (3) Lifetime sportsmen's combination license: 30 x
26        the current sportsmen's combination license fee.

 

 

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1    Lifetime licenses shall not be refundable. A $10 fee shall
2be charged for reissuing any lifetime license. The Department
3may establish rules and regulations for the issuance and use
4of lifetime licenses and may suspend or revoke any lifetime
5license issued under this Section for violations of those
6rules or regulations or other provisions under this Code or
7the Wildlife Code. Individuals under 16 years of age who
8possess a lifetime hunting or sportsmen's combination license
9shall have in their possession, while in the field, a
10certificate of competency as required under Section 3.2 of the
11Wildlife Code. Any lifetime license issued under this Section
12shall not exempt individuals from obtaining additional stamps
13or permits required under the provisions of this Code or the
14Wildlife Code. Individuals required to purchase additional
15stamps shall sign the stamps and have them in their possession
16while fishing or hunting with a lifetime license. All fees
17received from the issuance of lifetime licenses shall be
18deposited in the Fish and Wildlife Endowment Fund.
19    Except for licenses issued under subsection (e) of this
20Section, all licenses provided for in this Section shall
21expire on March 31 of each year, except that the license
22provided for in subsection (d) of this Section shall expire 24
23hours after the effective date and time listed on the face of
24the license.
25    All individuals required to have and failing to have the
26license provided for in subsection (a) or (d) of this Section

 

 

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1shall be fined according to the provisions of Section 20-35 of
2this Code.
3    All individuals required to have and failing to have the
4licenses provided for in subsections (b) and (e) of this
5Section shall be guilty of a Class B misdemeanor.
6(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
798-800, eff. 8-1-14.)
 
8    (515 ILCS 5/20-52 new)
9    Sec. 20-52. Aquatic Conservation Stamp Fee. The fee for an
10aquatic conservation stamp shall be $5 for both resident and
11non-resident licensees. The fee for an aquatic conservation
12stamp shall be waived for residents over 75 years of age. Every
13person shall sign the aquatic conservation stamp or affix the
14aquatic conservation stamp to his or her license. These stamps
15shall expire on March 31 of each year. All individuals
16required to have and failing to have an aquatic conservation
17stamp as provided in Section 20-12 of this Code shall be guilty
18of a petty offense.
 
19    (515 ILCS 5/20-55)  (from Ch. 56, par. 20-55)
20    Sec. 20-55. License fees for non-residents. Fees for
21licenses for non-residents of the State of Illinois are as
22follows:
23    (a) For sport fishing devices as defined by Section 10-95,
24or spearing devices as defined in Section 10-110,

 

 

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1non-residents age 16 or older shall be charged $31 for a
2fishing license to fish. For sport fishing devices as defined
3by Section 10-95, or spearing devices as defined in Section
410-110, for a period not to exceed 3 consecutive days fishing
5in the State of Illinois the fee is $15.00.
6    For sport fishing devices as defined in Section 10-95, or
7spearing devices as defined in Section 10-110, for 24 hours of
8fishing the fee is $10. This license does not exempt the
9licensee from the salmon, or inland trout, or aquatic
10conservation stamp requirement.
11    (b) All non-residents before using any commercial fishing
12device shall obtain a non-resident commercial fishing license,
13the fee for which shall be $300, and a non-resident fishing
14license. This license does not exempt the licensee from the
15salmon, inland trout, or aquatic conservation stamp
16requirement. Each and every commercial device shall be
17licensed by a non-resident commercial fisherman as follows:
18        (1) For each 100 lineal yards, or fraction thereof, of
19    seine (excluding minnow seines) the fee is $36.
20        (2) For each device to fish with a 100 hook trot line
21    device, basket trap, hoop net, or dip net the fee is $6.
22        (3) For each 100 lineal yards, or fraction thereof, of
23    trammel net the fee is $36.
24        (4) For each 100 lineal yards, or fraction thereof, of
25    gill net the fee is $36.
26    (c) All persons required to have and failing to have the

 

 

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1license provided for in subsection (a) of this Section shall
2be fined under Section 20-35 of this Code. Each person
3required to have and failing to have the licenses required
4under subsection (b) of this Section shall be guilty of a Class
5B misdemeanor.
6    (d) All licenses provided for in this Section shall expire
7on March 31 of each year; except that the 24-hour license for
8sport fishing devices or spearing devices shall expire 24
9hours after the effective date and time listed on the face of
10the license and licenses for sport fishing devices or spearing
11devices for a period not to exceed 3 consecutive days fishing
12in the State of Illinois as provided in subsection (a) of this
13Section shall expire at midnight on the tenth day after
14issued, not counting the day issued.
15(Source: P.A. 99-78, eff. 7-20-15.)
 
16    (515 ILCS 5/20-110)  (from Ch. 56, par. 20-110)
17    Sec. 20-110. Possession of license, permit, or stamp.
18Every person holding any license, salmon stamp, inland trout
19stamp, aquatic conservation stamp, or permit issued under this
20Code shall have it in his or her possession for immediate
21presentation for inspection to the authorized employees of the
22Department, or to any sheriff, deputy sheriff, or any other
23peace officer, making a demand for it within his or her
24jurisdiction.
25(Source: P.A. 87-833; 88-91.)
 

 

 

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1    (515 ILCS 5/20-115)  (from Ch. 56, par. 20-115)
2    Sec. 20-115. Form of licenses, stamps, and permits.
3Licenses, salmon stamps, inland trout stamps, aquatic
4conservation stamps, and permits authorized to be issued under
5this Code shall be prepared by the Department and shall be in
6the form prescribed by the Department. In addition, at the
7time of issuance, the information required on each license
8shall be completed on it by the issuing agent or his or her
9sub-agent and each license shall be signed by the licensee, or
10initialed by the designated purchaser and then signed
11immediately upon receipt by the licensee, and counter-signed
12by the issuing agent or his or her sub-agent. All licenses
13shall be supplied by the Department, subject to any rules and
14regulations as the Department may prescribe. Any license not
15properly prepared, obtained, and signed as required by this
16Code shall be void.
17(Source: P.A. 90-225, eff. 7-25-97.)
 
18    Section 99. Effective date. This Act takes effect January
191, 2022.