Full Text of HB1833 95th General Assembly
HB1833eng 95TH GENERAL ASSEMBLY
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HB1833 Engrossed |
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LRB095 11061 CMK 31385 b |
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| AN ACT concerning fish.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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.
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| (515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
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| Sec. 5-25. Value of protected species; violations
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| Protected aquatic life .
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| (a) Any person who, for profit or commercial purposes, | 21 |
| knowingly
captures or kills, possesses, offers for sale, sells, |
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| 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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| felony.
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| 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.
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| 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.
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| (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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| of possession for profit or commercial purposes.
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| (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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| (1) For each muskellunge, northern pike, walleye,
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| 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.
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| (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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| the dressed state, $8 per pound.
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| (3) For processed turtle parts, $6 for each pound or | 3 |
| fraction of a pound.
For each non-processed turtle, $8 per | 4 |
| turtle.
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| (4) For frogs, toads, salamanders, lizards, and | 6 |
| snakes, $8
$2
per animal in whole or in part.
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| (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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| (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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| (Source: P.A. 89-66, eff. 1-1-96.)
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| (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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| 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.
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| (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.
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| (515 ILCS 5/15-75) (from Ch. 56, par. 15-75)
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| 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
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| 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.
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| (Source: P.A. 87-833.)
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| (515 ILCS 5/15-85) (from Ch. 56, par. 15-85)
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| Sec. 15-85. Dragging nets. It shall be unlawful to pull, |
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| 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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| (Source: P.A. 87-833.)
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| (515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
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| 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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| 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.
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| 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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| officers empowered to enforce this Code. It shall be unlawful
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| for any employee on any one day to lift or attend nets of more | 3 |
| than
one licensee.
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| 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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| The Department may modify provisions of this Section as | 8 |
| provided in
Section 1-135.
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| (Source: P.A. 90-435, eff. 1-1-98.)
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| (515 ILCS 5/15-135) (from Ch. 56, par. 15-135)
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| Sec. 15-135. License in possession.
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| (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.
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| (Source: P.A. 87-833.)
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| (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
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| Sec. 20-35. Offenses.
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| (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.
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| 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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| 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.
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| 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.
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| 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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| under Section 20-105 is guilty of a Class
A misdemeanor.
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| 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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| (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
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| 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.
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| (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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| (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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| 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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| 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.
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| (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
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| 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.
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| (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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| (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
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| 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.
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| (Source: P.A. 94-222, eff. 7-14-05; 94-592, eff. 1-1-06; | 13 |
| revised 8-19-05.)
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| (515 ILCS 5/20-70) (from Ch. 56, par. 20-70)
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| Sec. 20-70. Non-resident and resident aquatic life
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| 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
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| 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.
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| (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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| 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.
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| 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.
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| 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
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| dealer's
license shall be $100. All non-resident aquatic life | 16 |
| dealer licenses shall expire
on January 31 of each year.
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| 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.
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| (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
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| fisherman selling live fish for stocking only. Any commercial |
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| 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.
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| (1) Wholesale aquatic life dealer's license.
Any | 5 |
| resident of this State who, within the State of Illinois,
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| 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.
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| 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.
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| 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
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| 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
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| license is $50. All wholesale aquatic life dealer's |
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| licenses shall expire on
January 31 of each year.
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| (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
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| retail aquatic life dealer in the meaning of this Code.
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| 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.
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| 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.
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| 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.
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| (3) Separate licenses. A license shall be procured for | 26 |
| each separate
fish market or place of business operated by |
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| 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.
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| (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.
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| (Source: P.A. 94-592, eff. 1-1-06.)
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| (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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| (b) It is unlawful for a commercial roe harvest permittee |
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LRB095 11061 CMK 31385 b |
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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.
| 3 |
| (c) Violation of this Section is a Class A misdemeanor with | 4 |
| a minimum mandatory fine of $500.
| 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.
| 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.
| 21 |
| (c) A violation of this Section is a Class A misdemeanor | 22 |
| with a minimum mandatory fine of $500.
| 23 |
| (515 ILCS 5/20-125) (from Ch. 56, par. 20-125)
| 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:
| 5 |
| (1) the name and address of the buyer;
| 6 |
| (2) the name and address of the seller;
| 7 |
| (3) the date of the transaction;
| 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
| 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.
| 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.
| 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.
| 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
| 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.
| 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.
| 24 |
| (Source: P.A. 87-833.)
| 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.
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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|