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Public Act 095-0147


 

Public Act 0147 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0147
 
HB1833 Enrolled LRB095 11061 CMK 31385 b

    AN ACT concerning fish.
 
    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 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:
 
    (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.
 
    (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.
 
    (515 ILCS 5/5-25)  (from Ch. 56, par. 5-25)
    Sec. 5-25. Value of protected species; violations
Protected aquatic life.
    (a) Any person who, for profit or commercial purposes,
knowingly captures or kills, possesses, offers for sale, sells,
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
felony.
    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.
    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.
    (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
of possession for profit or commercial purposes.
    (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:
        (1) For each muskellunge, northern pike, walleye,
    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.
        (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
    the dressed state, $8 per pound.
        (3) For processed turtle parts, $6 for each pound or
    fraction of a pound. For each non-processed turtle, $8 per
    turtle.
        (4) For frogs, toads, salamanders, lizards, and
    snakes, $8 $2 per animal in whole or in part.
        (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.
        (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.
(Source: P.A. 89-66, eff. 1-1-96.)
 
    (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
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.
    (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.
 
    (515 ILCS 5/15-75)  (from Ch. 56, par. 15-75)
    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
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.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/15-85)  (from Ch. 56, par. 15-85)
    Sec. 15-85. Dragging nets. It shall be unlawful to pull,
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.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/15-130)  (from Ch. 56, par. 15-130)
    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
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.
    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
officers empowered to enforce this Code. It shall be unlawful
for any employee on any one day to lift or attend nets of more
than one licensee.
    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.
    The Department may modify provisions of this Section as
provided in Section 1-135.
(Source: P.A. 90-435, eff. 1-1-98.)
 
    (515 ILCS 5/15-135)  (from Ch. 56, par. 15-135)
    Sec. 15-135. License in possession.
    (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.
(Source: P.A. 87-833.)
 
    (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
15-45 or 15-60, including administrative rules related to those
Sections, is guilty of a Class C misdemeanor.
    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.
    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.
    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
except as otherwise provided in subsection (a) of Section 5-25.
    (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. 94-222, eff. 7-14-05; 94-592, eff. 1-1-06;
revised 8-19-05.)
 
    (515 ILCS 5/20-70)  (from Ch. 56, par. 20-70)
    Sec. 20-70. Non-resident and resident aquatic life
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
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 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 dealer within the meaning of this
Code.
    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.
    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
dealer's license shall be $100. All non-resident aquatic life
dealer licenses shall expire on January 31 of each year.
    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.
    (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
fisherman selling live fish for stocking only. Any commercial
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.
        (1) Wholesale aquatic life 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 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.
        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
    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
    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
    license is $50. All wholesale aquatic life dealer's
    licenses shall expire on January 31 of each year.
        (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
    retail aquatic life 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 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 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 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 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. 94-592, eff. 1-1-06.)
 
    (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.
    (b) It is unlawful for a commercial roe harvest permittee
to possess roe more than 5 days after the conclusion of the
harvest season without a commercial roe dealer permit.
    (c) Violation of this Section is a Class A misdemeanor with
a minimum mandatory fine of $500.
 
    (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.
    (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.
    (c) A violation of this Section is a Class A misdemeanor
with a minimum mandatory fine of $500.
 
    (515 ILCS 5/20-125)  (from Ch. 56, par. 20-125)
    Sec. 20-125. Records; reports; receipts 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) 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.
    (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. 87-833.)
 
    (515 ILCS 5/15-150 rep.)
    Section 10. The Fish and Aquatic Life Code is amended by
repealing Section 15-150.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2007