Illinois General Assembly - Full Text of Public Act 094-0592
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Public Act 094-0592


 

Public Act 0592 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0592
 
HB1181 Enrolled LRB094 05375 RCE 35420 b

    AN ACT concerning fish and aquatic life.
 
    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 Sections 1-55, 1-125, 10-100, 20-35, and 20-70 and by
adding Section 1-53 as follows:
 
    (515 ILCS 5/1-53 new)
    Sec. 1-53. Indigenous species. "Indigenous species" means
those species of aquatic life specified by administrative rule.
 
    (515 ILCS 5/1-55)  (from Ch. 56, par. 1-55)
    Sec. 1-55. Minnow. "Minnow" means any fish in the family
Cyprinidae except common carp (Cyprinus carpio), and goldfish
(Carassius auratus), and Asian carp [bighead carp
(Hypophthalmichthys nobilis), black carp (Mylopharyngodon
piceus), grass carp (Ctenopharyngodon idella), and silver carp
(Hypophthalmichthys molotrix)].
(Source: P.A. 87-833.)
 
    (515 ILCS 5/1-125)  (from Ch. 56, par. 1-125)
    Sec. 1-125. Administrative rules. The Department is
authorized to issue administrative rules for carrying out,
administering, and enforcing the provisions of this Code. The
administrative rules shall be promulgated in accordance with
the Illinois Administrative Procedure Act.
    Rules, after becoming effective, shall be enforced in the
same manner as are any other provisions of this Code. It is
unlawful for any person to violate any provision of any
administrative rule promulgated by the Department. Violators
of administrative rules are subject to the penalties set out in
this Code.
(Source: P.A. 89-66, eff. 1-1-96.)
 
    (515 ILCS 5/10-100)  (from Ch. 56, par. 10-100)
    Sec. 10-100. Release of aquatic life.
    (a) It shall be unlawful to release any aquatic life into
the wild in waters of this State without first securing
permission of the Department to do so, except that the owner of
a body of water may release aquatic life indigenous to the
State of Illinois into waters wholly upon his or her property
that are indigenous to the State of Illinois. The Department
shall have the authority to promulgate necessary rules and
regulations, under the Illinois Administrative Procedure Act,
regulating the possession, transportation, and shipping of
aquatic life not indigenous to the State of Illinois. All
aquatic life may be immediately returned unharmed released into
waters from where which they were taken.
    (b) It is unlawful to possess, transport, or release any
live specimen or viable gametes of any species listed as
injurious by administrative rule, unless authorized by that
rule. A violation of this subsection (b) is a Class A
misdemeanor.
(Source: P.A. 89-66, eff. 1-1-96.)
 
    (515 ILCS 5/20-35)  (from Ch. 56, par. 20-35)
    Sec. 20-35. Offenses.
    (a) Except as prescribed in Section 5-25 and unless
otherwise provided in this Code, any person who is found guilty
of violating any of the provisions of this Code, including
administrative rules, is guilty of a petty offense.
    Any person who violates any of the provisions of Section
5-20, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50,
10-60, 10-70, 10-75, 10-95, 10-115, 10-135, 15-5, 15-10, 15-15,
15-20, 15-30, 15-32, 15-40, 15-45, 15-55, 15-60, 15-65, 15-75,
15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110, 15-115,
15-120, 15-130, 15-140, 20-70, 20-75, 20-80, 20-85, 25-10,
25-15, or 25-20 of this Code, including administrative rules
relating to those Sections, is guilty of a Class B misdemeanor.
    Any person who violates any of the provisions of Section
1-200, 1-205, 10-55, 10-80, 10-100(b), 15-35, or 20-120 of this
Code, including administrative rules relating to those
Sections, is guilty of a Class A misdemeanor.
    Any person who violates any of the provisions of this Code,
including administrative rules, during the 5 years following
the revocation of his or her license, permit, or privileges
under Section 20-105 is guilty of a Class A misdemeanor.
    Any person who violates Section 5-25 of this Code,
including administrative rules, is guilty of a Class 3 felony.
    (b)(1) It is unlawful for any person to take or attempt to
take aquatic life from any aquatic life farm except with the
consent of the owner of the aquatic life farm. Any person
possessing fishing tackle on the premises of an aquatic life
farm is presumed to be fishing. The presumption may be rebutted
by clear and convincing evidence. All fishing tackle,
apparatus, and vehicles used in the violation of this
subsection (b) shall be confiscated by the arresting officer.
Except as otherwise provided in this subsection, the seizure
and confiscation procedures set forth in Section 1-215 of this
Code shall apply. If the confiscated property is determined by
the circuit court to have been used in the violation of this
subsection (b), the confiscated property shall be sold at
public auction by the county sheriff of the county where the
violation occurred. The proceeds of the sale shall be deposited
in the county general fund; provided that the auction may be
stayed by an appropriate court order.
    (2) A violation of paragraph (1) of this subsection (b) is
a Class A misdemeanor for a first offense and a Class 4 felony
for a second or subsequent offense.
    (c)(1) It is unlawful for any person to trespass or fish on
an aquatic life farm located on a strip mine lake or other body
of water used for aquatic life farming operations, or within a
200 foot buffer zone surrounding cages or netpens that are
clearly delineated by buoys of a posted aquatic life farm, by
swimming, scuba diving, or snorkeling in, around, or under the
aquatic life farm or by operating a watercraft over, around, or
in the aquatic life farm without the consent of the owner of
the aquatic life farm.
    (2) A violation of paragraph (1) of this subsection (c) is
a Class B misdemeanor for a first offense and a Class A
misdemeanor for a second or subsequent offense. All fishing
tackle, apparatus, and watercraft used in a second or
subsequent violation of this subsection (c) shall be
confiscated by the arresting officer. Except as otherwise
provided in this subsection, the seizure and confiscation
procedures set forth in Section 1-215 of this Code shall apply.
If the confiscated property is determined by the circuit court
to have been used in a violation of this subsection (c), the
confiscated property shall be sold at public auction by the
county sheriff of the county where the violation occurred. The
proceeds of the sale shall be deposited in the county general
fund; provided that the auction may be stayed by an appropriate
court order.
    (d) Offenses committed by minors under the direct control
or with the consent of a parent or guardian may subject the
parent or guardian to the penalties prescribed in this Section
or as otherwise provided in this Code.
    (e) In addition to any fines imposed under this Section, or
as otherwise provided in this Code, any person found guilty of
unlawfully taking or possessing any aquatic life protected by
this Code shall be assessed a civil penalty for that aquatic
life in accordance with the values prescribed in Section 5-25
of this Code. This civil penalty shall be imposed at the time
of the conviction by the Circuit Court for the county where the
offense was committed. Except as otherwise provided for in
subsections (b) and (c) of this Section, all penalties provided
for in this Section shall be remitted to the Department in
accordance with the provisions of Section 1-180 of this Code.
(Source: P.A. 92-385, eff. 8-16-01; 92-513, eff. 6-1-02;
92-651, eff. 7-11-02.)
 
    (515 ILCS 5/20-70)  (from Ch. 56, par. 20-70)
    Sec. 20-70. Non-resident and resident aquatic life fish
dealers. Non-resident and resident aquatic life fish dealers
shall maintain records of all fish and other aquatic life
bought, sold, or shipped in Illinois. These records shall
include the name of the seller and the species and poundage of
the fish or aquatic life involved. The records shall be kept
for a minimum of one year from the date of the transaction and
shall be made immediately available to authorized employees of
the Department upon request.
    (a) Non-resident aquatic life fish dealers. Any person not
a resident of Illinois who sells or ships to other wholesalers,
retailers, or consumers any of the aquatic life protected by
this Code, whether from waters within or without the State is a
non-resident aquatic life fish dealer within the meaning of
this Code.
    All licenses issued to non-resident aquatic life fish
dealers are valid only in the location described and designated
in the application for the license. Wholesalers may deliver
their products by truck or common carrier of any type but must
possess a separate license for each truck from which aquatic
life are being sold if business is solicited from the trucks.
    Application for a non-resident aquatic life fish dealer's
license shall be made to and upon forms furnished by the
Department and shall be in the form as the Department may
prescribe. The annual fee for a non-resident aquatic life fish
dealer's license shall be $100. All non-resident aquatic life
fish dealer licenses shall expire on January 31 of each year.
    Non-residents purchasing aquatic life fish in Illinois for
sale solely outside the State are exempt from possessing an
aquatic life a fish dealer's license if purchases are made from
a licensed resident wholesale or retail aquatic life fish
dealer.
    (b) Resident aquatic life fish dealer's licenses. Any
person conducting a fish market or buying, selling, or shipping
any aquatic life (except minnows) protected by this Code,
whether from waters within or without the State, shall first
procure a license from the Department to do so, including any
commercial fisherman selling live fish for stocking only. Any
commercial fisherman person selling fish legally caught or
taken by themselves to a resident licensed wholesale aquatic
life fish dealer, however, is exempt from the provisions of
this Section.
        (1) Wholesale aquatic life fish dealer's license. Any
    resident of this State who, within the State of Illinois,
    conducts a wholesale fish market or who sells or ships to
    any other wholesaler, retailer, or other commercial
    institution aquatic life indigenous to this State (except
    minnows) and protected by this Code, whether from waters
    within or without the State, is a resident wholesale
    aquatic life fish dealer in the meaning of this Code.
        This provision, however, does not apply to minnows or
    saltwater species commonly used as seafood that will not
    survive in freshwater, such as lobsters, clams, mussels,
    and oysters.
        All licenses issued to resident wholesale aquatic life
    fish dealers are valid only in the location described and
    designated in the application for license. Wholesale
    aquatic life fish dealers may deliver their products by
    truck or other common carrier but must possess a separate
    license for each truck from which aquatic life is being
    sold if business is solicited from the truck. Applications
    for resident wholesale aquatic life fish dealer's licenses
    shall be made to and upon forms furnished by the
    Department, which shall be in the form as the Department
    may prescribe. The annual license fee for each wholesale
    aquatic life fish dealer's license is $50. All wholesale
    aquatic life fish dealer's licenses shall expire on January
    31 of each year.
        (2) Retail aquatic life fish dealer's license. Any
    resident of the State of Illinois who, within the State of
    Illinois, conducts a retail fish market where he or she
    sells or offers for sale any aquatic life indigenous to
    this State (except minnows) and protected by this Code,
    whether from waters from within or without the State, is a
    retail aquatic life fish dealer in the meaning of this
    Code.
        This provision, however, does not apply to minnows or
    saltwater species commonly used as seafood that will not
    survive in freshwater, such as lobsters, clams, mussels,
    and oysters.
        All licenses issued to resident aquatic life fish
    dealers are valid only in the location described and
    designated in the application for the license. Retailers
    may deliver their products by truck or other common carrier
    but must possess a separate license for each truck from
    which aquatic life is being sold if business is solicited
    from the truck.
        Applications for resident retail aquatic life fish
    dealer's licenses shall be made to and upon forms furnished
    by the Department, which shall be in the form the
    Department may prescribe. The annual license for each
    resident retail aquatic life fish dealer's license is $10.
    All these licenses shall expire on January 31 of each year.
        (3) Separate licenses. A license shall be procured for
    each separate fish market or place of business operated by
    any wholesale or retail aquatic life fish dealer, whether a
    resident or non-resident, and for each vehicle from which
    aquatic life is sold. All licenses shall be conspicuously
    displayed at all times.
    (c) The Department may adopt administrative rules
pertaining to non-resident and resident aquatic life dealers.
Any person who violates any provision of this Section 20-70, or
related administrative rule, is guilty of a Class B
misdemeanor.
(Source: P.A. 89-66, eff. 1-1-96.)

Effective Date: 1/1/2006