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| [ Senate Amendment 001 ] |
90_HB1050ham001
LRB9004123DJpkam
1 AMENDMENT TO HOUSE BILL 1050
2 AMENDMENT NO. . Amend House Bill 1050 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Civil Administrative Code of Illinois
5 is 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
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1 forest growth by fire, or otherwise; the reforestation of
2 suitable lands of this State; the extension of cooperative
3 support to other agencies of this State in the prevention and
4 guarding against the pollution of streams and lakes within
5 the State; the management of the wildlife resources,
6 including migratory fowl, and fisheries resources, including
7 the construction of new water impoundment areas; the
8 development of an adequate research program for fish, game
9 and forestry through cooperation with and support of the
10 Illinois Natural History Survey; and the expressing of
11 policies for proper dissemination of and enforcement of the
12 various laws pertinent to the conservation program of
13 Illinois and the nation.
14 The Board shall make a study of the personnel structure
15 of the Department and shall, from time to time, make
16 recommendations to the Governor and the Director of Natural
17 Resources for a merit system of employment and for the
18 revision of the position classification to the extent which
19 Civil Service classification should apply in departmental
20 positions.
21 The Board shall make studies of the land acquisition
22 needs of the Department and recommendations from time to time
23 as to necessary acquisition of lands for fisheries, game,
24 forestry and recreational development.
25 The Board may shall in cooperation with the Illinois
26 Natural History Survey recommend to the Director of Natural
27 Resources any reductions or increases of seasons, and bag or
28 possession limits, or the closure of any season when research
29 and inventory data indicate the need for such changes to
30 maintain the relative biological balance of any species.
31 Such Board members shall be reimbursed for any necessary
32 travel expenses incurred in the performance of their duties.
33 (Source: P.A. 89-445, eff. 2-7-96.)
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1 Section 10. The Fish and Aquatic Life Code is amended
2 by changing Section 15-130 as follows:
3 (515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
4 Sec. 15-130. Gill or trammel net. It shall be unlawful
5 to use a gill or trammel net except in the Mississippi River,
6 in the Ohio River, and in the Illinois River from its mouth
7 up to the Illinois River bridge, Highway Route 89, including
8 adjacent backwaters but not above the mouth of any stream,
9 ditch, or tributary connected to these backwaters. No trammel
10 net used under this Section shall have meshes less than 2
11 inches bar measurement and no gill net used under this
12 Section shall have meshes less than 4 inches bar measurement.
13 No gill or trammel net shall be less than 100 feet in length.
14 All gill or trammel nets that are set in any body of
15 water shall be under the immediate supervision of the
16 operator, who may be the licensee or his or her employee,
17 except (i) from May 1 to September 30, (ii) when the nets are
18 set under the ice, or (iii) from sunset to sunrise. Immediate
19 supervision shall be defined as the operator being on the
20 waters where the nets are set to be readily available to
21 identify the nets to law enforcement officers empowered to
22 enforce this Code. It shall be unlawful for any employee on
23 any one day to lift or attend nets of more than one licensee.
24 All gill or trammel nets set under the ice shall be at a
25 distance of not less than 100 yards from any natural opening
26 in the ice.
27 The Department may modify provisions of this Section as
28 provided in Section 1-135.
29 (Source: P.A. 87-833.)
30 Section 15. The Wildlife Code is amended by changing
31 Section 1.3 as follows:
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1 (520 ILCS 5/1.3)
2 Sec. 1.3. The Department shall have the authority to
3 manage wildlife and regulate the taking of wildlife for the
4 purposes of providing public recreation and controlling
5 wildlife populations. The seasons during which wildlife may
6 be taken, the methods for taking wildlife, and the daily bag
7 limits, and the possession limits shall be established by the
8 Department through administrative rule, but the Department
9 may not provide for a longer season, a larger daily bag
10 limit, or a larger possession limit than is provided in this
11 Code. set out in this Act are based upon a proper biological
12 balance being maintained for each species in each zone and
13 shall remain in effect as long as the population of each
14 species is adequate to maintain the biological balance of
15 each species.
16 For the purpose of the Section, a biological balance
17 exists for any species of wildlife when all losses to the
18 population of such species, are replaced by natural
19 reproduction or by artificial replacement, replenishment or
20 stocking.
21 If the Department, on its own initiative, or upon
22 recommendation of the Conservation Advisory Board, after
23 investigation, finds that the number of each sex of any
24 species is not adequate to maintain the biological balance of
25 such species it shall, with the approval of the Conservation
26 Advisory Board, by administrative rule, shorten or close the
27 season during which such species may be taken or decrease the
28 daily bag limit or the possession limit for such species.
29 The season limit, daily bag limit or possession limit
30 established by administrative rule may be changed by a
31 subsequent administrative rule so that a biological balance
32 for each species is maintained, but the Department may not
33 provide for a longer season, a larger daily bag limit or a
34 larger possession limit than is provided in this Act.
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1 The Natural Resources Advisory Board may also recommend
2 to the Director of Natural Resources any reductions or
3 increases of seasons and bag or possession limits or the
4 closure of any season when research and inventory data
5 indicate the need for such changes.
6 The Department is authorized to establish seasons for the
7 taking of migratory birds within the dates established
8 annually by Proclamation of the Secretary, United States
9 Department of the Interior, known as the "Rules and
10 Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.).
11 When the biological balance of any species is affected, the
12 Director may with the approval of the Conservation Advisory
13 Board, by administrative rule, lengthen, shorten or close the
14 season during which waterfowl may be taken within the federal
15 limitations prescribed. If the Department does not adopt an
16 administrative rule establishing a season, then the season
17 shall be as set forth in the current "Rules and Regulations
18 for Migratory Bird Hunting". The Department shall advise the
19 public by reasonable means of the dates of the various
20 seasons.
21 The Department may utilize the services of the staff of
22 the Illinois State Natural History Survey Division in the
23 Department of Natural Resources for making investigations as
24 to the population status of the various species of wildlife.
25 Employees or agents of any state, federal, or municipal
26 government or body when engaged in investigational work and
27 law enforcement, may with prior approval of the Director, be
28 exempted from the provisions of this Act.
29 (Source: P.A. 89-445, eff. 2-7-96.)".