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Public Act 100-0256


 

Public Act 0256 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0256
 
HB2028 EnrolledLRB100 04643 SLF 14649 b

    AN ACT concerning wildlife.
 
    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 20-70, 20-75, 20-80, 20-85, 20-90, 20-92, and
20-95 as follows:
 
    (515 ILCS 5/20-70)  (from Ch. 56, par. 20-70)
    Sec. 20-70. Non-resident and resident aquatic life
dealers.
    (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 March 31 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 March 31 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 March 31 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; 95-147, eff. 8-14-07.)
 
    (515 ILCS 5/20-75)  (from Ch. 56, par. 20-75)
    Sec. 20-75. Mussel dealer permits; fees; violations. Any
person, before receiving, buying, or offering to do so, or
acting as an agent or broker in receipt or purchase of mussels,
within the State of Illinois, shall first obtain a permit from
the Department to do so.
    The fee for a permit for residents of the State of Illinois
shall be $300 a year, and for non-residents of the State of
Illinois the fee shall be $2,500 a year. These permits shall
expire on March 31 the 31st day of January of each year. A
report of each year's activities of each person holding a
permit shall be required as directed by the Department.
(Source: P.A. 92-385, eff. 8-16-01.)
 
    (515 ILCS 5/20-80)  (from Ch. 56, par. 20-80)
    Sec. 20-80. Minnow dealers license; penalties. Any
resident who, within the State of Illinois, sells or offers for
sale, to any other wholesaler or retailer or for consumption,
live minnows, whether from waters within or without the State
is an intrastate wholesale minnow dealer for purposes of this
Code. Any person selling live minnows for stocking only or
selling live minnows legally caught or taken by that person to
a licensed wholesale minnow dealer, however, is exempt from the
provisions of this Section.
    (a) Before any resident commences activities as an
intrastate wholesale minnow dealer, he or she shall first
procure a license from the Department to do so. The fee for the
license shall be $25 and these licenses shall expire on March
31 upon the 31st day of January of each year.
    Before any resident commences activities as an intrastate
retail minnow dealer, he or she shall first obtain a license
from the Department to do so. The fee for the license shall be
$5 and these licenses shall expire on March 31 upon the 31st
day of January of each year.
    (b) Only persons who are actual residents of the State of
Illinois shall be permitted to transport live minnows obtained
in the State of Illinois across any of the borders of the State
of Illinois. These persons shall be interstate minnow dealers
for purposes of this Code. Before any resident of the State of
Illinois shall commence activities as an interstate minnow
dealer, he or she shall first obtain a license from the
Department to do so. The fee for the license shall be $500 and
these licenses shall expire on March 31 the 31st day of January
of each year. This Section shall not apply to a resident of the
State of Illinois possessing a valid sport fishing license. An
individual possessing a valid sport fishing license shall be
permitted to transport not more than 6 dozen live minnows
obtained in Illinois across the borders of the State of
Illinois.
    (c) The Department is authorized to establish regulations
as may be deemed necessary in the handling of minnows in order
to protect the resource as well as the public's interest.
(Source: P.A. 92-385, eff. 8-16-01.)
 
    (515 ILCS 5/20-85)  (from Ch. 56, par. 20-85)
    Sec. 20-85. Taxidermist license.
    (a) Before engaging in the business of taxidermy, every
person shall obtain a license for that purpose from the
Department. Application for a license shall be filed with the
Department and shall set forth the name of the applicant; its
principal officers, if the applicant is a corporation, or the
partners, if the applicant is a partnership; the location of
the place of business; and any additional information the
Department may require. The annual fee for each taxidermist
license shall be $25. All licenses issued to taxidermists are
valid only at the location described and designated on the
application for the license. All taxidermist licenses shall
expire on March 31 January 31 of each year. Individuals
employed by a licensed taxidermist shall not be required to
possess a taxidermist license while working for and at the
place of business of the license holder.
    Licensed taxidermists shall submit to the Department a list
naming all individuals who will be working at the place of
business specified on the permit. Only those individuals whose
names are on file with the Department shall be authorized to
work under the scope of the taxidermist's license.
    (b) Taxidermists shall keep written records of all aquatic
life or parts of aquatic life received or returned by them.
Records shall include the following information:
        (1) The date the aquatic life was received.
        (2) The name and address of the person from whom the
    aquatic life was received.
        (3) The number and species of all aquatic life
    received.
        (4) The number and state of issuance of the fishing
    license, or special Department permit, of the person from
    whom the aquatic life was received. In the absence of a
    license or permit number, the taxidermist may rely on the
    written certification of the person from whom the aquatic
    life was received that the specimen was legally taken or
    obtained, or, in the event the person is exempt from the
    apposite license requirements, an indication of the
    exemption.
    (c) All aquatic life or parts of aquatic life that have
been received, preserved, mounted, or possessed by a
taxidermist are required to bear a coded origin tag or label.
The coded origin tag or label shall correspond with written
records containing more complete information as required by the
Department.
    (d) Taxidermy records shall be open for inspection by any
peace officer at any reasonable hour. Taxidermists shall
maintain records for a period of 2 years from the date of
receipt of the aquatic life or for as long as the specimen or
mount remains in the taxidermist's possession, whichever is
longer.
    The Department may require the taxidermist to submit to it
any information it deems necessary.
    (e) No taxidermist shall have in his or her possession any
aquatic life that is not listed in his or her written records
and properly tagged or labeled.
    (f) All persons licensed as taxidermists under this Code
who shall ship any aquatic life or parts of aquatic life that
have been received, preserved, or mounted shall tag or label
the shipment and the tag or label shall state the name of the
taxidermist and the number and date of his or her license.
    (g) Nothing in this Section removes taxidermists from
responsibility for the observance of any federal laws, rules,
or regulations that may apply to the taxidermy business.
(Source: P.A. 88-416; 89-66, eff. 1-1-96.)
 
    (515 ILCS 5/20-90)  (from Ch. 56, par. 20-90)
    Sec. 20-90. Aquaculture permits. Any person who shall
engage in the breeding, hatching, propagation, or raising of
aquatic life, whether indigenous or non-indigenous to this
State, shall first procure a permit from the Department to do
so. Aquatic life specified, which is bred, hatched, propagated
or raised by a person holding a permit as provided for in this
Section, may be transported and sold for food or stocking
purposes. Permittees who sell aquatic life propagated or raised
under this permit are exempt from possessing a fish or minnow
dealers license.
    Aquaculture permit holders shall maintain records of all
aquatic life bought, sold or shipped. These records shall
include the name and address of the buyer and seller, the
appropriate license or permit number of the buyer and seller,
the date of the transaction, and the species, poundage, and
origin of aquatic life involved. The records shall be kept for
a minimum of 2 years from the date of the transaction and shall
be made immediately available to authorized employees of the
Department upon request. Records of the annual operations, as
may be required by the Department, shall be forwarded to the
Department upon request.
    Nothing in this Section shall be construed to give
permittees authority to take aquatic life in their wild or
natural state, contrary to other provisions of this Code, or to
remove the permittee from responsibility for the observance of
any federal, State, or local laws, rules, or regulations that
may apply to the aquatic life.
    Aquaculture permit holders may harvest aquatic life on
licensed aquaculture facilities with commercial fishing
devices without obtaining any license for these devices.
    Before any person imports or receives live, non-indigenous
aquatic life for aquaculture or stocking purposes in this
State, permission must be obtained from the Department.
Regulations governing non-indigenous aquatic life shall be
covered by administrative rule.
    The annual fee for a permit under this Section shall be $50
and the permit shall expire on March 31 the 31st day of January
of each year.
    Any person who violates any provisions of this Section,
including administrative rules relating to this Section, shall
be guilty of a business offense and fined not less than $1,000
and no more than $5,000.
    Permitted aquaculture facilities are exempt from size,
catch, and possession limits and seasons on aquatic life when
harvested, sold, or transported, except when taken by sport
fishing devices.
    All permits issued under this Section are valid only in the
location described and designated in the application for such
permit.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/20-92)
    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 license. 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
March 31 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.
(Source: P.A. 95-147, eff. 8-14-07; 95-876, eff. 8-21-08.)
 
    (515 ILCS 5/20-95)  (from Ch. 56, par. 20-95)
    Sec. 20-95. Daily fee fishing area. Any person owning,
controlling, or operating a water area, including access to
this water area, that is used for fishing by those either
directly or indirectly paying a daily fee for fishing shall
make application to the Department for a license as provided in
this Section. Upon receipt of an application, the Department
shall inspect the proposed licensed area described in the
application, the size and number of water areas, source of fish
for stocking, species of fish to be stocked and determine the
ability of the applicant to properly supervise a property of
this character. If the Department finds that (i) the area is
suitable for the purpose intended, (ii) the operation of the
property is not a menace or being established contrary to the
laws of this State, (iii) the operations of the fee fishing
area will not work a fraud upon individuals utilizing the
facilities, and (iv) the issuing of the license will be in the
public interest, then the Department shall approve the
application and issue a license to operate a "Daily Fee Fishing
Area" as described in the application.
    The fee for a license issued under this Section shall be
$50 annually, and the license shall expire on March 31 the
January 31 following its issuance.
    Records of the season's operations, as may be required by
the Department, shall be forwarded to the Department by the
licensee within 30 days after the expiration date of the
license.
    The Department may refuse to issue, refuse to renew,
suspend, or revoke any license issued under this Section if the
Department finds that the licensed area or its operator is not
in compliance with this Section. The Department, however, shall
not refuse to issue or renew, or suspend or revoke, any license
for any cause other than the protection of public health and
safety or if the area is operated unlawfully, unless the
licensee affected is given at least 15 days notice, in writing,
of the reasons for the action of the Department and given an
opportunity to appear before the Department or its
representative in opposition to the action of the Department.
(Source: P.A. 89-66, eff. 1-1-96.)
 
    Section 10. The Wildlife Code is amended by changing
Section 3.21 as follows:
 
    (520 ILCS 5/3.21)  (from Ch. 61, par. 3.21)
    Sec. 3.21. (a) Every person before engaging in the business
of taxidermy shall obtain a license for such purpose from the
Department. Application for such license shall be filed with
the Department and shall set forth the name of the applicant;
its principal officers, if the applicant is a corporation, or
the partners, if the applicant is a partnership; the location
of the place of business and such additional information as the
Department may require. The annual fee for each taxidermist
license shall be $25.00. All licenses issued to taxidermists
are valid only at the location described and designated on the
application for such license. All taxidermist permits shall
expire on March 31 January 31 of each year. Persons employed by
a licensed taxidermist shall not be required to possess a
taxidermist license while working for and at the place of
business of the license holder.
    Licensed taxidermists shall submit to the Department a list
naming all individuals who will be working at the place of
business specified on the license. Only those individuals whose
names are on file with the Department shall be authorized to
work under the scope of the taxidermist's license.
    (b) Taxidermists shall keep written records of all birds or
mammals, or parts thereof, received or returned by them.
Records shall include the following information:
        (1) The date the bird or mammal was received.
        (2) The name and address of the person from whom the
    bird or mammal was received.
        (3) The number and species of each bird or mammal
    received.
        (4) The number and state of issuance of the hunting or
    trapping license, or special Department permit, of the
    individual from whom the bird or mammal was received. In
    the absence of a license or permit number, the taxidermist
    may rely on the written certification of the person from
    whom the bird or mammal was received that the specimen was
    legally taken or obtained, or, in the event the individual
    is exempt from the apposite license requirements, an
    indication of such exemption.
    (c) All birds or mammals or parts thereof that have been
received, preserved or mounted or possessed by a taxidermist
are required to bear a coded origin tag or label. The origin
tag or label shall correspond with written records containing
more complete information as required by the Department.
    (d) Taxidermy records shall be open for inspection by any
peace officer at any reasonable hour. Taxidermists shall
maintain records for a period of 2 years from the date of
receipt of the bird or mammal or for as long as the specimen or
mount remains in the taxidermist's possession, whichever is
longer. The Department may require the taxidermist to submit to
it such information as it deems necessary.
    (e) A licensed taxidermist may possess the green hides of
furbearers and other game mammals the year round as long as
such hides are tagged as and remain the property of the
individual who legally took them and for whom the taxidermist
is performing services.
    (f) A licensed taxidermist may without a fur tanners permit
tan the green hides of furbearers and other game mammals as
long as such hides are tagged as and remain the property of the
individual who legally took them and for whom the taxidermist
is performing services.
    (f.5) A licensed taxidermist may, without a fur buyer's
permit, buy, sell, transport and possess the green or tanned
hides of any legally obtained furbearer or game mammal the year
round as long as the hides in the taxidermist's possession are
used for taxidermy purposes only and bear a coded origin tag or
label. The origin tag or label shall correspond with written
records containing more complete information as required by the
Department.
    (g) No taxidermist shall have in his or her possession any
bird or mammal that is not listed in his written records and
properly tagged or labeled.
    (h) All persons licensed as taxidermists under this Act who
shall ship any birds or mammals or parts thereof that have been
received, preserved or mounted, shall tag or label such
shipment and such tag or label shall state the name of the
taxidermist and the number and date of his or her license.
    (i) Nothing in this Section removes taxidermists from
responsibility for the observance of any federal laws, rules,
or regulations that may apply to the taxidermy business.
(Source: P.A. 88-416.)

Effective Date: 1/1/2018