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Public Act 095-0147
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| HB1833 Enrolled |
LRB095 11061 CMK 31385 b |
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AN ACT concerning fish.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fish and Aquatic Life Code is amended by |
changing Sections 5-25, 15-75, 15-85, 15-130, 15-135, 20-35, |
20-70, and 20-125 and by adding Sections 1-116, 1-117, 15-46, |
20-91, and 20-92 as follows:
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(515 ILCS 5/1-116 new) |
Sec. 1-116. Roe. "Roe" means the eggs of fish that are |
whole and intact within the egg sac, whether within the body |
cavity of the fish or removed. "Roe" does not include eggs |
removed from the egg sac.
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(515 ILCS 5/1-117 new) |
Sec. 1-117. Roe-bearing species. "Roe-bearing species" |
means sturgeon, paddlefish, bowfin, and any other fish listed |
as such by the Department in an administrative rule.
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(515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
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Sec. 5-25. Value of protected species; violations
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Protected aquatic life.
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(a) Any person who, for profit or commercial purposes, |
knowingly
captures or kills, possesses, offers for sale, sells, |
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offers to barter,
barters, offers to purchase, purchases, |
delivers for shipment, ships,
exports, imports, causes to be |
shipped, exported, or imported, delivers for
transportation, |
transports or causes to be transported, carries or causes
to be |
carried, or receives for shipment, transportation, carriage, |
or
export any aquatic life, in part or in whole of any of the |
species
protected by this Code, contrary to the provisions of |
the Code, and that
aquatic life, in whole or in part, is valued |
at or in excess of a total of $300,
as per species value |
specified in subsection (c) of this Section, commits a Class 3
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felony.
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A person is guilty of a Class 4 felony if convicted under |
this Section for more than one violation within a 90-day period |
if the aquatic life involved in each violation are not valued |
at or in excess of $300 but the total value of the aquatic life |
involved with the multiple violations is at or in excess of |
$300. The prosecution for a Class 4 felony for these multiple |
violations must be alleged in a single charge or indictment and |
brought in a single prosecution.
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Any person who violates this subsection (a) when the total |
value of species is less than $300 commits a Class A |
misdemeanor except as otherwise provided.
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(b) Possession of aquatic life, in whole or in part, |
captured or killed
in violation of this Code, valued at or in |
excess of $600, as per species value
specified in subsection |
(c) of this Section, shall be considered prima facie
evidence |
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of possession for profit or commercial purposes.
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(c) For purposes of this Section, the fair market value or |
replacement cost, whichever is greater, must be used to |
determine the value of the species protected by this Code, but |
in no case shall the minimum value of all aquatic life and |
their
hybrids protected by
this Code, whether dressed or not |
dressed, be less than the following
is as follows:
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(1) For each muskellunge, northern pike, walleye,
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striped bass, sauger, largemouth bass, smallmouth bass, |
spotted bass, trout (all species), salmon (all species |
other than chinook
caught from August 1 through December |
31), and sturgeon (other than pallid or lake sturgeon) of a |
weight, dressed
or not dressed, of one pound or more, $4 |
for each pound or fraction of a
pound. For each individual |
fish with a dressed
or not dressed
weight of less than one |
pound, $4. For parts of fish
processed
past the dressed |
state, $8 per pound.
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(2) For each warmouth, rock bass, white bass, yellow |
bass, sunfish (all
species except largemouth, smallmouth, |
and spotted bass), bluegill, crappie,
bullheads, |
pickerels, yellow perch, and catfish (all species), and |
mussels of a weight,
dressed or not dressed, of one pound |
or more, $4 for each pound or fraction
of a pound of |
aquatic life
fish. For each individual aquatic life
fish |
with
a dressed or
not dressed weight of less than one |
pound, $4. For aquatic life parts of
fish processed past |
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the dressed state, $8 per pound.
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(3) For processed turtle parts, $6 for each pound or |
fraction of a pound.
For each non-processed turtle, $8 per |
turtle.
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(4) For frogs, toads, salamanders, lizards, and |
snakes, $8
$2
per animal in whole or in part.
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(5) For goldeye, mooneye, carp, carpsuckers (all |
species), suckers (all
species), redhorse (all species), |
buffalo (all species), freshwater drum,
skipjack, shad |
(all species), alewife, smelt, gar, bowfin, mussels, |
chinook
salmon caught from August 1 through December 31, |
and all other aquatic life
protected by this Code, not |
listed in paragraphs (1), (2), (3), or (4) of
subsection |
(c)
(b) of this Section, $1 per pound, in part or in whole.
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(6) For each species listed on the federal or State |
endangered and threatened species list, and for lake and |
pallid sturgeon, $150 per animal in whole or in part.
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(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/15-46 new) |
Sec. 15-46. Taking of roe-bearing species by commercial |
device. |
(a) All commercial fishermen shall procure a commercial roe |
harvest permit in addition to their commercial fishing license |
before taking roe-bearing species with commercial fishing |
devices from the waters of the State legally open to commercial |
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fishing. Any person found guilty of a violation of this |
subsection (a) is subject to the penalties provided in Section |
20-91 of this Code.
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(b) Any incidental catch of aquatic life not authorized for |
taking with commercial devices must be returned immediately |
without harm to the water. Any person found guilty of a |
violation of this subsection (b) is guilty of a Class B |
misdemeanor.
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(515 ILCS 5/15-75) (from Ch. 56, par. 15-75)
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Sec. 15-75. Record of catch; inspection of record. |
Commercial fishermen,
and musselors, and commercial roe |
harvesters shall keep an accurate record of their catch. This |
record,
showing the species and number of pounds of fish,
or |
mussels, or roe taken, type of
commercial devices used, and |
location from which taken, shall be open for
inspection by the |
employees of the Department at all times. This
information |
shall be submitted to the Department on forms furnished for
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that purpose by the Department and at intervals prescribed by |
the
Department. Failure to submit required reports, as |
required, shall be grounds for
license suspension or |
revocation.
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(Source: P.A. 87-833.)
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(515 ILCS 5/15-85) (from Ch. 56, par. 15-85)
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Sec. 15-85. Dragging nets. It shall be unlawful to pull, |
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drag, haul, or
draw to, towards, or near the shore of any body |
of water, or to or against
a backstop, a net device of any kind |
except a seine. Nothing in this Section, however, shall |
prohibit the use of a trammel or gill net attached to a single |
boat while the net is being placed, set, or adjusted.
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(Source: P.A. 87-833.)
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(515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
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Sec. 15-130. Gill or trammel net. It shall be unlawful to |
use a gill or
trammel net except in the Mississippi River, in |
the Ohio River, and in the
Illinois River from
its mouth up to |
the Illinois River bridge, Highway Route 89, including
adjacent |
backwaters but not above the mouth of any stream, ditch, or
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tributary connected to these backwaters. No trammel net used |
under this
Section shall have meshes less than 2 inches bar |
measurement and no gill
net used under this Section shall have |
meshes less than 4 inches bar
measurement. No gill or trammel |
net shall be less than 100 feet in length.
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All gill or trammel nets that are set in any body of water |
shall be under
the immediate supervision of the operator, who |
may be the licensee or his
or her employee, except (i) from May |
1 to September 30, (ii) when the nets
are set under the ice, or |
(iii) from sunset to sunrise, or (iv) as specified by |
administrative rule. Immediate
supervision shall be defined as |
the operator being on the waters where the
nets are set to be |
readily available to identify the nets to law
enforcement |
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officers empowered to enforce this Code. It shall be unlawful
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for any employee on any one day to lift or attend nets of more |
than
one licensee.
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All gill or trammel nets set under the ice shall be at a |
distance of not
less than 100 yards from any natural opening in |
the ice.
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The Department may modify provisions of this Section as |
provided in
Section 1-135.
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(Source: P.A. 90-435, eff. 1-1-98.)
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(515 ILCS 5/15-135) (from Ch. 56, par. 15-135)
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Sec. 15-135. License in possession.
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(a) It is unlawful, for the purposes of operation of |
fishing or musseling devices, (i) for licensed
Licensed |
commercial fishermen or
and
musselors shall be required to |
maintain all necessary licenses in
accordance with Section |
20-65, and it shall be unlawful for any licensee to
loan |
licenses to any other individual, or (ii) for any person to |
possess the license of another
for operation of fishing or |
musseling
devices. |
(b) It shall be unlawful to disturb in any manner the |
licensed devices
of another person without consent of that |
person.
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(Source: P.A. 87-833.)
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(515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
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Sec. 20-35. Offenses.
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(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.
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Any person who violates any of the provisions of Section |
15-45 or 15-60, including administrative rules related to those |
Sections, is guilty of a Class C misdemeanor.
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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, 15-46(b)
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 (except subsections (b), (c), (d), (e), (f), and (g)), |
20-125(c), 25-5, 25-10, 25-15, or
25-20 of this Code, including |
administrative rules relating to those Sections,
is guilty of a |
Class B misdemeanor.
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Any person who violates any of the provisions of Section |
1-200, 1-205,
10-55, 10-80, 10-100(b), 15-35, 15-46(a), |
15-135, 20-91, 20-92,
or 20-120, or 20-125(d) of this Code, |
including administrative rules
relating to those Sections, is |
guilty of a Class A misdemeanor.
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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 |
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under Section 20-105 is guilty of a Class
A misdemeanor.
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Any person who violates Section 5-25 of this Code, |
including administrative
rules, is guilty of a Class 3 felony |
except as otherwise provided in subsection (a) of Section 5-25.
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(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
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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.
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(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.
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(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 |
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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
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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.
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(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
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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.
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(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.
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(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
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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.
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(Source: P.A. 94-222, eff. 7-14-05; 94-592, eff. 1-1-06; |
revised 8-19-05.)
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(515 ILCS 5/20-70) (from Ch. 56, par. 20-70)
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Sec. 20-70. Non-resident and resident aquatic life
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dealers. Non-resident
and resident aquatic life 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
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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.
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(a) Non-resident aquatic life dealers. Any person not a |
resident
of Illinois who sells or ships to other wholesalers, |
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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 dealer within
the meaning of this |
Code.
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All licenses issued to non-resident aquatic life
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.
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Application for a non-resident aquatic life 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
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dealer's
license shall be $100. All non-resident aquatic life |
dealer licenses shall expire
on January 31 of each year.
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Non-residents purchasing aquatic life in Illinois for sale |
solely outside
the State are exempt from possessing an aquatic |
life dealer's license if
purchases are made from a licensed |
resident wholesale or retail aquatic life
dealer.
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(b) Resident aquatic life 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
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fisherman selling live fish for stocking only. Any commercial |
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fisherman selling fish
legally caught or taken by themselves to |
a resident licensed wholesale aquatic life
dealer, however, is |
exempt from the provisions of this Section.
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(1) Wholesale aquatic life dealer's license.
Any |
resident of this State who, within the State of Illinois,
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conducts a wholesale fish market or who sells or ships to |
any
other wholesaler, retailer, or other commercial |
institution aquatic
life protected by this
Code, whether |
from waters within or without the State, is a
resident |
wholesale aquatic life dealer in the meaning of this Code.
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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.
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All licenses issued to resident wholesale aquatic life |
dealers are valid only
in the location described and |
designated in the application for license.
Wholesale |
aquatic life 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
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resident wholesale aquatic life 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 dealer's
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license is $50. All wholesale aquatic life dealer's |
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licenses shall expire on
January 31 of each year.
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(2) Retail aquatic life 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 protected by
this Code, |
whether from waters from within or without the State, is a
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retail aquatic life dealer in the meaning of this Code.
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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.
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All licenses issued to resident aquatic life
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.
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Applications for resident retail aquatic life
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
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aquatic life dealer's license is $10. All these licenses |
shall expire on January 31
of each year.
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(3) Separate licenses. A license shall be procured for |
each separate
fish market or place of business operated by |
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any wholesale or retail aquatic life
dealer, whether a |
resident or non-resident, and for each vehicle from which
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aquatic life is sold. All licenses shall be conspicuously |
displayed at all
times.
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(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.
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(Source: P.A. 94-592, eff. 1-1-06.)
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(515 ILCS 5/20-91 new) |
Sec. 20-91. Commercial roe harvest permit. |
(a) Any commercial fisherman who engages in taking |
roe-bearing species with commercial fishing devices from |
legally open waters of the State must annually procure a |
commercial roe harvest permit from the Department. All |
individuals assisting a licensed commercial roe harvester in |
taking roe bearing fishes must also have a commercial roe |
harvest permit unless these individuals are under the direct |
supervision of and aboard the same watercraft as the licensed |
commercial roe harvester. The annual fee for a commercial roe |
harvest permit is $250 for State residents and $3,500 for |
non-residents. All commercial roe harvest permits shall expire |
on May 31 of each year.
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(b) It is unlawful for a commercial roe harvest permittee |
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to possess roe more than 5 days after the conclusion of the |
harvest season without a commercial roe dealer permit.
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(c) Violation of this Section is a Class A misdemeanor with |
a minimum mandatory fine of $500.
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(515 ILCS 5/20-92 new) |
Sec. 20-92. Commercial roe dealer permit. |
(a) Any resident wholesale aquatic life dealer who buys, |
sells, or ships roe from roe-bearing species, whether from the |
waters within or without the State, must annually procure a |
commercial roe dealer permit from the Department in addition to |
an aquatic life dealers permit. The annual fee for a commercial |
roe dealer permit is $500 for resident wholesale aquatic life |
dealers and $1,500 for non-resident aquatic life dealers. All |
commercial roe dealer permits shall expire on May 31 of each |
year.
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(b) Legally licensed commercial roe dealer permit holders |
may designate up to 2 employees on their commercial roe dealer |
permit. Employees designated on a commercial roe dealer permit |
must retain a copy of this permit in their possession while |
transporting roe bearing fishes either whole or in part.
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(c) A violation of this Section is a Class A misdemeanor |
with a minimum mandatory fine of $500.
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(515 ILCS 5/20-125) (from Ch. 56, par. 20-125)
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Sec. 20-125. Records; reports; receipts
Receipts. |
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(a) Any person engaged in the buying, selling, or shipping |
of aquatic life in the State, under Sections 20-70, 20-75, |
20-80, 20-91, and 20-92 of this Act, shall maintain the |
following minimum records:
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(1) the name and address of the buyer;
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(2) the name and address of the seller;
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(3) the date of the transaction;
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(4) the species and quantity to the nearest half pound, |
if applicable, or number of whole species bought, sold, or |
shipped; and
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(5) the license or permit number of the buyer and |
seller, if applicable. |
Reports must be submitted to the Department on forms |
furnished for that purpose by the Department and at intervals |
prescribed by the Department by administrative rule. Failure to |
submit reports as required is grounds for license suspension or |
revocation.
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(b) All aquatic life dealers, including but not
limited to |
minnow dealers, fish dealers, commercial roe dealers, mussel |
dealers, and breeders,
shall, upon purchasing or receiving any |
aquatic life protected by this
Code, issue a numbered receipt |
to the commercial fisherman, musselor,
dealer, breeder, or |
other person from whom the aquatic life was purchased,
setting |
forth the number of pounds and kinds of aquatic life, the date |
of
purchase, the price paid per pound for each species, the |
name and address
of the commercial fisherman, musselor, dealer, |
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breeder, or other person
from whom the aquatic life was |
purchased, and the appropriate license
number of the commercial |
fisherman, musselor, dealer, breeder, or other
person from whom |
the aquatic life was purchased if applicable, and the
origin of |
the aquatic life.
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The original receipt shall be retained by the aquatic life |
dealer for a
minimum of 2 years from the date of purchase |
listed on the receipt. A
duplicate receipt shall be given to |
the commercial fisherman, musselor, dealer,
breeder, or other |
person from whom the aquatic life was purchased at the
time of |
purchase.
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(c) All receipts, reports, and records required by the |
Department in subsections (a) and (b) shall
be available for |
inspection by any authorized employee of the Department or
any |
other peace officer upon request. Failure to comply with the
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provisions of this subsection (c)
Section shall bar the |
licensee from obtaining a permit
or license for aquatic life |
purchasing for the following year. Any person
who violates any |
of the provisions of this subsection (c)
Section shall be |
guilty of a
Class B misdemeanor.
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(d) It is unlawful to falsify any information or record or |
to provide fraudulent information or records to the Department. |
Violation of this subsection (d) is a Class A misdemeanor.
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(Source: P.A. 87-833.)
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(515 ILCS 5/15-150 rep.)
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