Full Text of SB1878 102nd General Assembly
SB1878enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning fish.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fish and Aquatic Life Code is amended by | 5 | | changing Section 5-25 as follows:
| 6 | | (515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
| 7 | | Sec. 5-25. Value of protected species; violations.
| 8 | | (a) Any person who, for profit or commercial purposes, | 9 | | knowingly
captures or kills, possesses, offers for sale, | 10 | | sells, offers to barter,
barters, offers to purchase, | 11 | | purchases, delivers for shipment, ships,
exports, imports, | 12 | | causes to be shipped, exported, or imported, delivers for
| 13 | | transportation, transports or causes to be transported, | 14 | | carries or causes
to be carried, or receives for shipment, | 15 | | transportation, carriage, or
export any aquatic life , or parts | 16 | | thereof , in part or in whole of any of the species
protected by | 17 | | this Code, contrary to the provisions of the Code or | 18 | | administrative rule , and that
aquatic life, in whole or in | 19 | | part, is valued at or in excess of a total of $300,
as per | 20 | | species value specified in subsection (c) of this Section, | 21 | | commits a Class 3
felony.
| 22 | | A person is guilty of a Class 4 felony if convicted under | 23 | | this Section for more than one violation within a 90-day |
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| 1 | | period if the aquatic life involved in each violation are not | 2 | | valued at or in excess of $300 but the total value of the | 3 | | aquatic life involved with the multiple violations is at or in | 4 | | excess of $300. The prosecution for a Class 4 felony for these | 5 | | multiple violations must be alleged in a single charge or | 6 | | indictment and brought in a single prosecution.
| 7 | | Any person who violates this subsection (a) when the total | 8 | | value of species is less than $300 commits a Class A | 9 | | misdemeanor except as otherwise provided.
| 10 | | (b) Possession of aquatic life, in whole or in part, | 11 | | captured or killed
in violation of this Code, valued at or in | 12 | | excess of $600, as per species value
specified in subsection | 13 | | (c) of this Section, shall be considered prima facie
evidence | 14 | | of possession for profit or commercial purposes.
| 15 | | (c) For purposes of this Section, the fair market value or | 16 | | replacement cost, whichever is greater, must be used to | 17 | | determine the value of the species protected by this Code , but | 18 | | in no case shall the minimum value of all aquatic life and | 19 | | their
hybrids protected by
this Code , whether dressed or not | 20 | | dressed, be less than the following:
| 21 | | (1) For each muskellunge, northern pike, walleye,
| 22 | | striped bass, sauger, largemouth bass, smallmouth bass, | 23 | | spotted bass, trout (all species), salmon (all species | 24 | | other than chinook
caught from August 1 through December | 25 | | 31), bowfin, paddlefish, and sturgeon (other than pallid | 26 | | or lake sturgeon) of a weight, dressed
or not dressed, of |
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| 1 | | one pound or more, $4 for each pound or fraction of a
| 2 | | pound. For each individual fish with a dressed
or not | 3 | | dressed
weight of less than one pound, $4. For parts of | 4 | | fish
processed
past the dressed state, $8 per pound.
| 5 | | (2) For each warmouth, rock bass, white bass, yellow | 6 | | bass, sunfish (all
species except largemouth, smallmouth, | 7 | | and spotted bass), bluegill, crappie,
bullheads, | 8 | | pickerels, yellow perch, catfish (all species), and | 9 | | mussels of a weight,
dressed or not dressed, of one pound | 10 | | or more, $4 for each pound or fraction
of a pound of | 11 | | aquatic life. For each individual aquatic life with
a | 12 | | dressed or
not dressed weight of less than one pound, $4. | 13 | | For aquatic life parts processed past the dressed state, | 14 | | $8 per pound.
| 15 | | (3) (Blank).
| 16 | | (4) (Blank).
| 17 | | (5) For goldeye, mooneye, carp, carpsuckers (all | 18 | | species), suckers (all
species), redhorse (all species), | 19 | | buffalo (all species), freshwater drum,
skipjack, shad | 20 | | (all species), alewife, smelt, gar, bowfin, chinook
salmon | 21 | | caught from August 1 through December 31, and all other | 22 | | aquatic life
protected by this Code , not listed in | 23 | | paragraphs (1), (2), or (5) of
subsection (c) of this | 24 | | Section, $1 per pound, in part or in whole.
| 25 | | (6) For each species listed on the federal or State | 26 | | endangered and threatened species list, and for lake and |
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| 1 | | pallid sturgeon, $150 per animal in whole or in part.
| 2 | | (Source: P.A. 98-752, eff. 1-1-15 .)
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