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90_HB1050
20 ILCS 5/6.08 from Ch. 127, par. 6.08
515 ILCS 5/15-130 from Ch. 56, par. 15-130
520 ILCS 5/1.3
Amends the Civil Administrative Code, the Fish and
Aquatic Life Code, and the Wildlife Code. With respect to
the functions of the Department of Natural Resources Advisory
Board, deletes requirement that the Board act in cooperation
with the Illinois Natural History Survey in making
recommendations to the Department. Authorizes the use of
gill or trammel nets in the Ohio River. Deletes references
to maintaining the biological balance of species. Makes
other changes.
LRB9004123DJcd
LRB9004123DJcd
1 AN ACT concerning wildlife, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 6.08 as follows:
6 (20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
7 Sec. 6.08. In the Department of Natural Resources. An
8 Advisory Board to the Department of Natural Resources,
9 composed of 11 persons, one of whom shall be a senior citizen
10 age 60 or over.
11 In the appointment of the initial members the Governor
12 shall designate 3 persons to serve for 2 years, 3 for 4 years
13 and 3 for 6 years from the third Monday in January of the
14 odd-numbered year in which the term commences. The members
15 first appointed under this amendatory Act of 1984 shall serve
16 a term of 6 years commencing on the third Monday in January,
17 1985.
18 The Advisory Board shall formulate long range policies
19 for guidance of the Department in: the protection and
20 conservation of renewable resources of the State of Illinois;
21 the development of areas and facilities for outdoor
22 recreation; the prevention of timber destruction and other
23 forest growth by fire, or otherwise; the reforestation of
24 suitable lands of this State; the extension of cooperative
25 support to other agencies of this State in the prevention and
26 guarding against the pollution of streams and lakes within
27 the State; the management of the wildlife resources,
28 including migratory fowl, and fisheries resources, including
29 the construction of new water impoundment areas; the
30 development of an adequate research program for fish, game
31 and forestry through cooperation with and support of the
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1 Illinois Natural History Survey; and the expressing of
2 policies for proper dissemination of and enforcement of the
3 various laws pertinent to the conservation program of
4 Illinois and the nation.
5 The Board shall make a study of the personnel structure
6 of the Department and shall, from time to time, make
7 recommendations to the Governor and the Director of Natural
8 Resources for a merit system of employment and for the
9 revision of the position classification to the extent which
10 Civil Service classification should apply in departmental
11 positions.
12 The Board shall make studies of the land acquisition
13 needs of the Department and recommendations from time to time
14 as to necessary acquisition of lands for fisheries, game,
15 forestry and recreational development.
16 The Board shall advise and in cooperation with the
17 Illinois Natural History Survey recommend to the Director of
18 Natural Resources any reductions or increases of seasons, and
19 bag or possession limits, or the closure of any season when
20 research and inventory data indicate the need for such
21 changes to maintain the relative biological balance of any
22 species.
23 Such Board members shall be reimbursed for any necessary
24 travel expenses incurred in the performance of their duties.
25 (Source: P.A. 89-445, eff. 2-7-96.)
26 Section 10. The Fish and Aquatic Life Code is amended
27 by changing Section 15-130 as follows:
28 (515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
29 Sec. 15-130. Gill or trammel net. It shall be unlawful
30 to use a gill or trammel net except in the Mississippi River,
31 in the Ohio River, and in the Illinois River from its mouth
32 up to the Illinois River bridge, Highway Route 89, including
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1 adjacent backwaters but not above the mouth of any stream,
2 ditch, or tributary connected to these backwaters. No trammel
3 net used under this Section shall have meshes less than 2
4 inches bar measurement and no gill net used under this
5 Section shall have meshes less than 4 inches bar measurement.
6 No gill or trammel net shall be less than 100 feet in length.
7 All gill or trammel nets that are set in any body of
8 water shall be under the immediate supervision of the
9 operator, who may be the licensee or his or her employee,
10 except (i) from May 1 to September 30, (ii) when the nets are
11 set under the ice, or (iii) from sunset to sunrise. Immediate
12 supervision shall be defined as the operator being on the
13 waters where the nets are set to be readily available to
14 identify the nets to law enforcement officers empowered to
15 enforce this Code. It shall be unlawful for any employee on
16 any one day to lift or attend nets of more than one licensee.
17 All gill or trammel nets set under the ice shall be at a
18 distance of not less than 100 yards from any natural opening
19 in the ice.
20 The Department may modify provisions of this Section as
21 provided in Section 1-135.
22 (Source: P.A. 87-833.)
23 Section 15. The Wildlife Code is amended by changing
24 Section 1.3 as follows:
25 (520 ILCS 5/1.3)
26 Sec. 1.3. The Department has the authority to manage the
27 size and distribution of wildlife populations and regulate
28 the taking of wildlife for the purposes of providing public
29 recreation and controlling wildlife populations. The seasons
30 during which wildlife may be taken, the methods for taking
31 wildlife, and the daily bag limits and the possession limits
32 shall be established by the Department by administrative
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1 rule. The season limit, daily bag limit, or possession limit
2 established by administrative rule may be changed by a
3 subsequent administrative rule, but the Department may not
4 provide for a longer season, a larger daily bag limit, or a
5 larger possession limit than is provided in this Code. set
6 out in this Act are based upon a proper biological balance
7 being maintained for each species in each zone and shall
8 remain in effect as long as the population of each species is
9 adequate to maintain the biological balance of each species.
10 For the purpose of the Section, a biological balance
11 exists for any species of wildlife when all losses to the
12 population of such species, are replaced by natural
13 reproduction or by artificial replacement, replenishment or
14 stocking.
15 If The Department may also, on its own initiative, or
16 upon recommendation of the Conservation Advisory Board, after
17 investigation, finds that the number of each sex of any
18 species is not adequate to maintain the biological balance of
19 such species it shall, with the approval of the Conservation
20 Advisory Board, by administrative rule, shorten or close the
21 season during which such species may be taken or decrease the
22 daily bag limit or the possession limit for such species.
23 The season limit, daily bag limit or possession limit
24 established by administrative rule may be changed by a
25 subsequent administrative rule so that a biological balance
26 for each species is maintained, but the Department may not
27 provide for a longer season, a larger daily bag limit or a
28 larger possession limit than is provided in this Act.
29 The Department is authorized to establish seasons for the
30 taking of migratory birds within the dates established
31 annually by Proclamation of the Secretary, United States
32 Department of the Interior, known as the "Rules and
33 Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.).
34 When the biological balance of any species is affected, the
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1 Director may with the approval of the Conservation Advisory
2 Board, by administrative rule, lengthen, shorten or close the
3 season during which waterfowl may be taken within the federal
4 limitations prescribed. If the Department does not adopt an
5 administrative rule establishing a season, then the season
6 shall be as set forth in the current "Rules and Regulations
7 for Migratory Bird Hunting". The Department shall advise the
8 public by reasonable means of the dates of the various
9 seasons.
10 The Department may utilize the services of the staff of
11 the Illinois State Natural History Survey Division in the
12 Department of Natural Resources for making investigations as
13 to the population status of the various species of wildlife.
14 Employees or agents of any state, federal, or municipal
15 government or body when engaged in investigational work and
16 law enforcement, may with prior approval of the Director, be
17 exempted from the provisions of this Act.
18 (Source: P.A. 89-445, eff. 2-7-96.)