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92_HB2528ren HB2528 Re-Enrolled LRB9206863TAtm 1 AN ACT to amend the Fish and Aquatic Life Code. 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 20-35 and adding Section 1-20.5 as follows: 6 (515 ILCS 5/1-20.5 new) 7 Sec. 1-20.5. Aquatic life farm. "Aquatic life farm" 8 means property: (i) containing any or a combination of levee 9 ponds, a strip mine lake, or other type of lake that has 10 floating cages, raceways, or other aquatic life rearing 11 equipment and (ii) where the owner of the aquatic life farm 12 has posted a conspicuous written notice to that effect. If 13 more than one person owns or has title to the lake, "aquatic 14 life farm" means the area of the lake containing the floating 15 cages, raceways, or other aquatic life rearing equipment. 16 (515 ILCS 5/20-35) (from Ch. 56, par. 20-35) 17 Sec. 20-35. Offenses. 18 (a) Except as prescribed in Section 5-25 and unless 19 otherwise provided in this Code, any person who is found 20 guilty of violating any of the provisions of this Code, 21 including administrative rules, shall be guilty of a petty 22 offense. 23 Any person who violates any of the provisions of Section 24 10-80, including administrative rules relating to that 25 Section, shall be guilty of a Class B misdemeanor. 26 Any person who violates any of the provisions of Section 27 1-200 or 10-55 of this Code, including administrative rules 28 relating to those Sections, shall be guilty of a Class A 29 misdemeanor. 30 Any person who violates any of the provisions of this HB2528 Re-Enrolled -2- LRB9206863TAtm 1 Code, including administrative rules, during the 5 years 2 following the revocation of his or her license, permit, or 3 privileges under Section 20-105 shall be guilty of a Class A 4 misdemeanor. 5 Any person who violates Section 5-25 of this Code, 6 including administrative rules, shall be guilty of a Class 3 7 felony. 8 (b)(1) It is unlawful for any person to take or attempt 9 to take aquatic life from any aquatic life farm except with 10 the consent of the owner of the aquatic life farm. Any 11 person possessing fishing tackle on the premises of an 12 aquatic life farm is presumed to be fishing. The presumption 13 may be rebutted by clear and convincing evidence. All fishing 14 tackle, apparatus, and vehicles used in the violation of this 15 subsection (b) shall be confiscated by the arresting officer. 16 Except as otherwise provided in this subsection, the seizure 17 and confiscation procedures set forth in Section 1-215 of 18 this Code shall apply. If the confiscated property is 19 determined by the circuit court to have been used in the 20 violation of this subsection (b), the confiscated property 21 shall be sold at public auction by the county sheriff of the 22 county where the violation occurred. The proceeds of the 23 sale shall be deposited in the county general fund; provided 24 that the auction may be stayed by an appropriate court order. 25 (2) A violation of paragraph (1) of this subsection (b) 26 is a Class A misdemeanor for a first offense and a Class 4 27 felony for a second or subsequent offense. 28 (c)(1) It is unlawful for any person to trespass or fish 29 on an aquatic life farm located on a strip mine lake or other 30 body of water used for aquatic life farming operations, or 31 within a 200 foot buffer zone surrounding cages or netpens 32 that are clearly delineated by buoys of a posted aquatic life 33 farm, by swimming, scuba diving, or snorkeling in, around, or 34 under the aquatic life farm or by operating a watercraft HB2528 Re-Enrolled -3- LRB9206863TAtm 1 over, around, or in the aquatic life farm without the consent 2 of the owner of the aquatic life farm. 3 (2) A violation of paragraph (1) of this subsection (c) 4 is a Class B misdemeanor for a first offense and a Class A 5 misdemeanor for a second or subsequent offense. All fishing 6 tackle, apparatus, and watercraft used in a second or 7 subsequent violation of this subsection (c) shall be 8 confiscated by the arresting officer. Except as otherwise 9 provided in this subsection, the seizure and confiscation 10 procedures set forth in Section 1-215 of this Code shall 11 apply. If the confiscated property is determined by the 12 circuit court to have been used in a violation of this 13 subsection (c), the confiscated property shall be sold at 14 public auction by the county sheriff of the county where the 15 violation occurred. The proceeds of the sale shall be 16 deposited in the county general fund; provided that the 17 auction may be stayed by an appropriate court order. 18 (d) Offenses committed by minors under the direct 19 control or with the consent of a parent or guardian may 20 subject the parent or guardian to the penalties prescribed in 21 this Section or as otherwise provided in this Code. 22 (e) In addition to any fines imposed under this Section, 23 or as otherwise provided in this Code, any person found 24 guilty of unlawfully taking or possessing any aquatic life 25 protected by this Code shall be assessed a civil penalty for 26 that aquatic life in accordance with the values prescribed in 27 Section 5-25 of this Code. This civil penalty shall be 28 imposed at the time of the conviction by the Circuit Court 29 for the county where the offense was committed. Except as 30 otherwise provided for in subsections (b) and (c) of this 31 Section, all penalties provided for in this Section shall be 32 remitted to the Department in accordance with the provisions 33 of Section 1-180 of this Code. 34 (Source: P.A. 87-798; 87-833; 87-895.)