515 ILCS 5/ Fish and Aquatic Life Code.

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515 ILCS 5/20-115

(515 ILCS 5/20-115) (from Ch. 56, par. 20-115)

Sec. 20-115.

Form of licenses, stamps, and permits.

Licenses, salmon
stamps, inland trout stamps, and permits authorized to be issued under this
Code shall be prepared by the Department and shall be in the form prescribed by
the Department. In addition, at the time of issuance, the information required
on each license shall be completed on it by the issuing agent or his or her
sub-agent and each license shall be signed by the licensee, or initialed by
the designated purchaser and then signed immediately upon receipt by the
licensee, and counter-signed
by the issuing agent or his or her sub-agent. All licenses
shall be supplied by the Department, subject to any rules and regulations
as the Department may prescribe.  Any license not properly prepared,
obtained, and signed as required by this Code shall be void.

(Source: P.A. 90-225, eff. 7-25-97.)

515 ILCS 5/20-120

(515 ILCS 5/20-120) (from Ch. 56, par. 20-120)

Sec. 20-120.

Designation of agents; liability; bond.

The Department of
Natural Resources has the authority to designate agents to
sell licenses, stamps, and permits on behalf of the Department.  Any person
receiving licenses from the Department for sale as provided in this Section (i)
shall execute and deliver receipts for the licenses; (ii) shall, on dates
specified by the Department, report in writing to the Department the number and
kinds of licenses sold; and (iii) shall, with the report, make remittance to
the Department covering the amounts due it from the sales.  Failure on the part
of any clerk or agent to fully comply with the provisions of this Code,
including administrative rules, shall be justification for the Department to
cancel or withdraw the issuance of licenses through that clerk or agent.  A
salmon stamp shall be deemed a license for the purposes of this Section.

(a) Any person appointed or designated by the Department including any
county, city, village, township, or incorporated town clerk issuing licenses
provided for in this Code may add the fees provided in paragraph (b) as the
fee for issuing the licenses.  These clerks, however, shall remit to the
treasurer of the political subdivision of which he or she is an officer or
employee, the added fees or any portion of the added fees he or she
collects provided in paragraph (b). Issuing fees may be divided between the
clerks and their appointed subagents other than employees of the clerk's
office, but in no case may any clerk or subagent charge an issuing fee or
fees totaling more than the issuing fee set out in this Section.

(b) Any person authorized to issue licenses under subsection (a) may add
to the license fee a fee of $.75 in the case of Sportsmen's Combination
Licenses or nonresident hunting licenses, and $.50 in the case of all other
licenses, permits, and stamps.

(c) No person or subagent of any county, city, village, township, or
incorporated town clerk may charge a service fee for issuing licenses
provided for in this Code, and the charging of fees for issuing licenses in
excess of the fees authorized is a petty offense.
Any person authorized to issue licenses by telephone and electronic
transmission or incurring costs for customer convenience may charge in addition
to the "issuing fee" authorized by this Section a fee not to exceed an amount
set by the Department, by administrative rule, to cover the transaction cost.

(d) All fees, less issuing fees, collected from the sale of licenses and
permits and not
remitted to the Department as provided in this Section shall be deemed
to have been embezzled and the person or officer responsible for the
remittance is subject to prosecution.  No person handling or selling
licenses is required to remit for any license now or hereafter stolen,
by means of forcible entry, or destroyed by a fire in the premises where
the licenses are kept, if he or she submits an affidavit to the Department
describing the circumstances of the theft or cause of the destruction
and listing in the affidavit the type and numbers of the licenses so stolen
or destroyed.

(e) Within 30 days after the expiration of the time in which any
class of license is usable, payment for licenses sold shall be made in
full to the Department and persons possessing unused
license forms shall return them to the Department prepaid.

(f) No person is permitted to make deductions from remittances sent
to the Department for postage or for the cost of, or fees for, drafts
or money orders.

(g) Any county, city, village, township, or incorporated town clerk
handling or selling licenses as provided in this Section is liable to
the State personally.  All other persons designated or appointed by the
Department to handle or sell licenses as provided in this Section shall,
before receiving any licenses for sale, file with the Department a bond
in an amount specified by the Department on a form to be approved by and
with a surety or sureties satisfactory to the Department conditioned
upon the person or persons paying to the State of Illinois all monies
becoming due by reason of the sale of the licenses.

(h) No person shall falsify, alter, or change in any manner, or loan
or transfer to another, any license, permit, or tag issued under this
Section or falsify any records required by this Code or counterfeit or
duplicate any form of license, permit, or tag provided for by this Code.
Any person who violates this subsection shall be subject to the penalty
provisions of Section 20-35 of this Code.

(Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97; 90-743, eff.
1-1-99.)

515 ILCS 5/20-125

(515 ILCS 5/20-125) (from Ch. 56, par. 20-125)

Sec. 20-125. Records; reports; receipts.

(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:

(1) the name and address of the buyer;

(2) the name and address of the seller;

(3) the date of the transaction;

(4) the species and quantity to the nearest half

pound, if applicable, or number of whole species bought, sold, or shipped; and

(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.

(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, 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.

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.

(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
provisions of this subsection (c) 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)  shall  be  guilty of a
Class B misdemeanor.

(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.

(Source: P.A. 95-147, eff. 8-14-07.)

515 ILCS 5/Art. 25

(515 ILCS 5/Art. 25 heading) ARTICLE 25.

FISH PRESERVES AND TRANSPORTATION OF FISH

515 ILCS 5/25-5

(515 ILCS 5/25-5) (from Ch. 56, par. 25-5)

Sec. 25-5.

Aquatic life preserves; regulation of devices.

All
waters in the
State including boundary waters under jurisdiction of the State shall be
aquatic life preserves.

Sport fishing devices, except as
provided in this
Code and its administrative rules, are the only lawful means of taking
aquatic life.

The Department of Natural Resources, however, has the
authority through
administrative rule to prohibit all sport fishing or certain sport
fishing devices in designated waters and also has the authority through
administrative rule to allow commercial fishing in designated waters by
regulating commercial fishing devices used in the interest of the total
management of the fishery resource.

(Source: P.A. 89-66, eff. 1-1-96; 89-445, eff. 2-7-96.)