SB1252eng 100TH GENERAL ASSEMBLY

SB1252 Engrossed LRB100 09082 SLF 19234 b

AN ACT concerning fish.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fish and Aquatic Life Code is amended by changing Section 15-32 as follows:

(515 ILCS 5/15-32) (from Ch. 56, par. 15-32)

Sec. 15-32. Lake Michigan Yellow perch and bloater chub; commercial licenses.

(a) The Department may shall issue a maximum of 5 commercial licenses for taking from the Illinois waters of Lake Michigan yellow perch, and bloater chub, and other commercial fish species designated by Department rule. Five licenses shall be issued for the fishing year that began April 1, 1992, and the Department shall issue licenses from time to time so that 5 valid licenses are always outstanding at any one time. All licenses issued under this Section shall be valid for a period of 3 years. The catch limits established by the Department for the taking of yellow perch, and bloater chub, and other designated commercial fish species shall be the same for all active licensees.

(b) At times determined by the Director, the Department shall advertise a public drawing to accept new qualified commercial fishing candidates and establish a ranking order for these new candidates to fill open Lake Michigan commercial fishing licenses. This ranking order shall continue to be used until the list of eligible candidates is exhausted. Each commercial license for the 1992 fishing year and thereafter shall be issued as follows:

(1) As to all individuals or corporations who held valid licenses as of April 1, 1992, the licenses shall remain in force and effect.

(2) Thereafter, licenses shall be issued as necessary to reach and maintain a total of 5 outstanding licenses as follows:

(A) First, to any individual or corporation as described in Section 15-5 who was licensed through a harvest contract pursuant to the public lottery drawing conducted by the Director on June 27, 1975, but such individual or corporation did not hold a valid commercial license, for whatever reason, on April 1, 1992; provided, that the contractor shall have served any stated period of any license suspension or revocation established by an order of the Director. Among those individuals or corporations that meet the criteria under this item (A), priority shall be given to the individual or corporation that has been without a valid commercial license for the longest period of time.

(B) Second, to any other individual or corporate entrant who had his specific name drawn in the public lottery drawing conducted by the Director on June 27, 1975, but was not licensed as a harvest contractor at that time or thereafter.

(C) Third, if there are insufficient license applicants available at the beginning of any fishing year who meet the requirements for licensure under this Section for the Director to issue 5 licenses, the Director shall order and conduct a new public lottery drawing before the commencement of the fishing year and shall draw the applicant list from a roster of qualified operators.

(Source: P.A. 90-655, eff. 7-30-98.)