Full Text of HB2744 102nd General Assembly
HB2744eng 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 Sections 1-230, 20-5, 20-20, 20-45, 20-55, 20-110, | 6 | | and 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
| 9 | | received. All fees, fines, income of whatever kind or nature | 10 | | derived
from hunting and fishing activities on lands, waters, | 11 | | or both under the
jurisdiction or control of the Department, | 12 | | and all penalties collected under
this Code shall be deposited | 13 | | into the State Treasury and
shall be set apart in a special | 14 | | fund to be known as the Wildlife and Fish
Fund; except that | 15 | | fees derived solely from the sale of salmon stamps, income
| 16 | | from art contests for the salmon stamp, including income from | 17 | | the sale
of reprints, and gifts, donations, grants, and | 18 | | bequests of money for the
conservation and propagation of | 19 | | salmon shall be deposited into the State
Treasury and set | 20 | | apart in the special fund to be known as the Salmon
Fund; and | 21 | | except that fees derived solely from the sale of state
| 22 | | migratory waterfowl stamps, and gifts, donations, grants and | 23 | | bequests of
money for the conservation and propagation of |
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| 1 | | waterfowl, shall be deposited
into the State Treasury and set | 2 | | apart in the special fund to be known as the
State Migratory | 3 | | Waterfowl Stamp Fund ; and except that fees derived solely from | 4 | | the sale of aquatic conservation stamps, and gifts, donations, | 5 | | grants, and bequests of money for the conservation of aquatic | 6 | | life, including, but not limited to, combating aquatic | 7 | | nuisance species, shall be deposited into the State treasury | 8 | | and set apart in the special fund to be known as the Aquatic | 9 | | Conservation Stamp Fund . All interest that accrues from moneys
| 10 | | in the Wildlife and Fish Fund, the Salmon Fund, and the State | 11 | | Migratory
Waterfowl Stamp Fund shall be retained in those | 12 | | funds respectively.
Except for the additional moneys deposited | 13 | | under Section 805-550 of the Department of Natural Resources | 14 | | (Conservation) Law of the
Civil Administrative Code of | 15 | | Illinois, appropriations from the Wildlife and Fish Fund shall | 16 | | be made only to the
Department for the carrying out of the | 17 | | powers and functions vested by law
in the Department
for the | 18 | | administration and management of fish and wildlife resources | 19 | | of this State for such activities as (i) the purchase of land | 20 | | for fish hatcheries,
wildlife refuges, preserves, and public | 21 | | shooting and fishing grounds; (ii)
the purchase and | 22 | | distribution of wild birds, the eggs of wild birds, and
wild | 23 | | mammals; (iii) the rescuing, restoring and distributing of | 24 | | fish; (iv)
the maintenance of wildlife refuges or preserves, | 25 | | public shooting grounds,
public fishing grounds, and fish | 26 | | hatcheries; and (v) the feeding and care
of wild birds, wild |
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| 1 | | mammals, and fish. Appropriations from the Salmon Fund
shall | 2 | | be made only to the Department to be used solely for the | 3 | | conservation
and propagation of salmon, including | 4 | | construction, operation, and
maintenance of a cold water | 5 | | hatchery, and for payment of the costs of
printing salmon | 6 | | stamps, the expenses incurred in acquiring salmon stamp
| 7 | | designs, and the expenses of producing reprints. | 8 | | Appropriations from the Aquatic Conservation Stamp Fund shall | 9 | | be made only to the Division of Fisheries of the Department to | 10 | | be used solely for the conservation of aquatic life, | 11 | | including, but not limited to, combating aquatic nuisance | 12 | | species, for the payment of the costs of printing aquatic | 13 | | conservation stamps, for the expenses incurred in acquiring | 14 | | aquatic conservation stamp designs, and for the expenses of | 15 | | producing reprints.
| 16 | | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; | 17 | | 96-1518, 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,
| 21 | | including minnows for commercial purposes, turtles, mussels, | 22 | | crayfish, or
frogs by any means whatever in any waters or lands | 23 | | wholly or in part
within the jurisdiction of the State, | 24 | | including that part of Lake
Michigan under the jurisdiction of | 25 | | this State, shall first obtain a
license to do so, and shall do |
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| 1 | | so only during the respective
periods of the year when it shall | 2 | | be lawful as provided in this Code.
Individuals under 16, | 3 | | blind residents or residents with a disability, individuals | 4 | | holding a scientific collector's permit under this Code, or | 5 | | individuals fishing at
fee fishing areas licensed by the | 6 | | Department, however, may fish with sport
fishing devices | 7 | | without being required to have a license. For the purpose of | 8 | | this
Section
an individual is blind or has a disability if that | 9 | | individual has a Class 2 disability
as defined in Section 4A of | 10 | | the Illinois Identification Card Act. For purposes
of this | 11 | | Section an Illinois Person with a Disability Identification | 12 | | Card issued under
the Illinois Identification Card Act | 13 | | indicating that the individual named on
the card has a Class 2 | 14 | | disability shall be adequate documentation of a
disability.
| 15 | | (b) A courtesy non-resident sport fishing license or stamp | 16 | | may be issued
at
the discretion of the Director, without fee, | 17 | | to (i) any individual officially
employed in the wildlife and | 18 | | fish or conservation department of another
state or of the | 19 | | United States who is within the State to assist or
consult or | 20 | | cooperate with the Director or (ii) the officials of other
| 21 | | states, the United States, foreign countries, or officers or
| 22 | | representatives of conservation organizations or publications | 23 | | while in
the State as guests of the Governor or Director.
| 24 | | (c) The Director may issue special fishing permits without | 25 | | cost to
groups of hospital patients or to individuals with | 26 | | disabilities for
use on specified dates in connection with |
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| 1 | | supervised fishing for therapy.
| 2 | | (d) Veterans who, according to the determination of the | 3 | | Veterans'
Administration as certified by the Department of | 4 | | Veterans' Affairs, are at
least 10% disabled with | 5 | | service-related disabilities or in receipt of total
disability | 6 | | pensions may fish with sport fishing devices
during those | 7 | | periods of
the year it is lawful to do so without being | 8 | | required to have a license,
on the condition that their | 9 | | respective disabilities do not prevent them
from fishing in a | 10 | | manner which is safe to themselves and others.
| 11 | | (e) Each year the Director may designate a period, not to | 12 | | exceed 4 days
in duration, when sport fishermen may fish | 13 | | waters wholly or in
part within the
jurisdiction of the State, | 14 | | including that part of Lake Michigan under the
jurisdiction of | 15 | | the State, and not be required to obtain the license or stamps
| 16 | | stamp required by subsection (a) of this Section, Section | 17 | | 20-10 , Section 20-11, or Section 20-12 or
subsection (a) of | 18 | | Section 20-55 . The term of any such period shall be
| 19 | | established by administrative rule.
This subsection shall not | 20 | | apply to commercial fishing.
| 21 | | (f) The Director may issue special fishing permits without | 22 | | cost for a
group event, restricted to specific dates and | 23 | | locations if it is determined by
the Department that the event | 24 | | is 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, | 4 | | including minnows for commercial purposes, turtles, mussels, | 5 | | crayfish, or frogs by any means whatever in any waters of the | 6 | | State, in addition to any other license required by this Code, | 7 | | must first obtain an aquatic conservation stamp authorized by | 8 | | the Department. Individuals not required to obtain a license | 9 | | are not required to obtain an aquatic conservation stamp. | 10 | | (b) The aquatic conservation stamp does not exempt the | 11 | | licensee from any salmon or inland trout stamp requirement. | 12 | | (c) An aquatic conservation stamp may be issued at the | 13 | | discretion 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 | 16 | | years of age or
older not residents of the State of Illinois | 17 | | shall, before taking or
attempting to take any fish, including | 18 | | minnows for commercial purposes, turtles, mussels, crayfish, | 19 | | or frogs aquatic life protected by this Code by any means
| 20 | | whatever in the State of Illinois, obtain a non-resident | 21 | | license to do so. Any individual required to obtain a license | 22 | | under this Section shall also obtain an aquatic conservation | 23 | | stamp prior to any take or attempted take.
In addition, before | 24 | | taking or attempting to take salmon from Lake Michigan,
a | 25 | | non-resident 16 years of age or older shall obtain a salmon |
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| 1 | | stamp authorized
by the Department, and before taking or | 2 | | attempting to take trout from all
waters except Lake Michigan, | 3 | | a non-resident 16 years of age or older shall
obtain an inland | 4 | | trout 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 | 8 | | for 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 | 2 | | be charged
for reissuing any lifetime license. The Department | 3 | | may establish rules and
regulations for the issuance and use | 4 | | of lifetime licenses and may suspend
or revoke any lifetime | 5 | | license issued under this Section for violations of
those | 6 | | rules or regulations or other provisions under this Code or | 7 | | the
Wildlife Code. Individuals under 16 years of age who | 8 | | possess a lifetime
hunting or sportsmen's combination license | 9 | | shall have in their possession,
while in the field, a | 10 | | certificate of competency as required under Section
3.2 of the | 11 | | Wildlife Code. Any lifetime license issued under this Section
| 12 | | shall not exempt individuals from obtaining additional stamps | 13 | | or permits
required under the provisions of this Code or the | 14 | | Wildlife Code.
Individuals required to purchase additional | 15 | | stamps shall sign the stamps
and have them in their possession | 16 | | while fishing or hunting with a lifetime
license. All fees | 17 | | received from the issuance
of lifetime licenses shall be | 18 | | deposited in the Fish and Wildlife Endowment
Fund.
| 19 | | Except for licenses issued under subsection (e) of this | 20 | | Section, all
licenses provided for in this Section shall | 21 | | expire on March 31 of
each year, except that the license | 22 | | provided for in subsection (d) of
this Section shall expire 24 | 23 | | hours after the effective date and time listed
on the face of | 24 | | the license.
| 25 | | All individuals required to have and failing to have the | 26 | | license provided
for in subsection (a) or (d) of this Section |
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| 1 | | shall be fined according to the
provisions of Section 20-35 of | 2 | | this Code.
| 3 | | All individuals required to have and failing to have the | 4 | | licenses
provided for in subsections (b) and (e) of this | 5 | | Section shall be guilty of a
Class B misdemeanor.
| 6 | | (Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13; | 7 | | 98-800, eff. 8-1-14.)
| 8 | | (515 ILCS 5/20-52 new) | 9 | | Sec. 20-52. Aquatic Conservation Stamp Fee. The fee for an | 10 | | aquatic conservation stamp shall be $5 for both resident and | 11 | | non-resident licensees. The fee for an aquatic conservation | 12 | | stamp shall be waived for residents over 75 years of age. Every | 13 | | person shall sign the aquatic conservation stamp or affix the | 14 | | aquatic conservation stamp to his or her license. These stamps | 15 | | shall expire on March 31 of each year. All individuals | 16 | | required to have and failing to have an aquatic conservation | 17 | | stamp as provided in Section 20-12 of this Code shall be guilty | 18 | | of 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 | 21 | | licenses for
non-residents of the State of Illinois are as | 22 | | follows:
| 23 | | (a) For sport fishing devices as defined by Section
10-95, | 24 | | or spearing
devices as defined in Section 10-110, |
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| 1 | | non-residents age 16 or older shall be
charged $31 for a | 2 | | fishing license to fish. For sport fishing devices as defined
| 3 | | by Section 10-95, or spearing devices as defined in Section | 4 | | 10-110, for a
period not to exceed 3 consecutive days fishing | 5 | | in the State of Illinois the
fee is $15.00.
| 6 | | For sport fishing devices as defined in Section 10-95,
or | 7 | | spearing
devices as defined in Section 10-110, for 24 hours of | 8 | | fishing the fee is $10. This license does not exempt the | 9 | | licensee from
the salmon , or inland trout , or aquatic | 10 | | conservation stamp requirement.
| 11 | | (b) All non-residents before using any commercial fishing | 12 | | device
shall obtain a non-resident commercial fishing license, | 13 | | the fee for
which shall be $300, and a non-resident fishing | 14 | | license. This license does not exempt the licensee from the | 15 | | salmon, inland trout, or aquatic conservation stamp | 16 | | requirement. Each and every commercial device shall be
| 17 | | licensed 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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| 1 | | license provided
for in subsection (a) of this Section shall | 2 | | be fined under Section 20-35
of this Code. Each person | 3 | | required to have and failing to have the
licenses required | 4 | | under subsection (b) of this Section shall be guilty of a
Class | 5 | | B misdemeanor.
| 6 | | (d) All licenses provided for in this Section shall expire | 7 | | on March 31 of
each year; except that the 24-hour license for | 8 | | sport fishing devices or
spearing devices shall
expire 24 | 9 | | hours after the effective date and time listed on the face of | 10 | | the
license and licenses for sport fishing devices
or spearing
| 11 | | devices for a period not to exceed 3 consecutive days fishing | 12 | | in the
State of Illinois as provided in subsection (a) of this | 13 | | Section shall
expire at midnight on the tenth day after | 14 | | issued, 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. | 18 | | Every person
holding any license, salmon stamp, inland trout | 19 | | stamp, aquatic conservation stamp, or permit issued
under this | 20 | | Code shall have it in his or her possession for immediate
| 21 | | presentation for inspection to the authorized employees of the | 22 | | Department, or
to any sheriff, deputy sheriff, or any other | 23 | | peace officer, making a demand for
it within his or her | 24 | | jurisdiction.
| 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. | 3 | | Licenses, salmon
stamps, inland trout stamps, aquatic | 4 | | conservation stamps, and permits authorized to be issued under | 5 | | this
Code shall be prepared by the Department and shall be in | 6 | | the form prescribed by
the Department. In addition, at the | 7 | | time of issuance, the information required
on each license | 8 | | shall be completed on it by the issuing agent or his or her
| 9 | | sub-agent and each license shall be signed by the licensee, or | 10 | | initialed by
the designated purchaser and then signed | 11 | | immediately upon receipt by the
licensee , and counter-signed
| 12 | | by the issuing agent or his or her sub-agent . All licenses
| 13 | | shall be supplied by the Department, subject to any rules and | 14 | | regulations
as the Department may prescribe. Any license not | 15 | | properly prepared,
obtained, and signed as required by this | 16 | | Code shall be void.
| 17 | | (Source: P.A. 90-225, eff. 7-25-97.)
| 18 | | Section 99. Effective date. This Act takes effect January | 19 | | 1, 2022.
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