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Public Act 92-0513
HB2528 Re-Enrolled LRB9206863TAtm
AN ACT to amend the Fish and Aquatic Life Code.
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 Section 20-35 and adding Section 1-20.5 as follows:
(515 ILCS 5/1-20.5 new)
Sec. 1-20.5. Aquatic life farm. "Aquatic life farm"
means property: (i) containing any or a combination of levee
ponds, a strip mine lake, or other type of lake that has
floating cages, raceways, or other aquatic life rearing
equipment and (ii) where the owner of the aquatic life farm
has posted a conspicuous written notice to that effect. If
more than one person owns or has title to the lake, "aquatic
life farm" means the area of the lake containing the floating
cages, raceways, or other aquatic life rearing equipment.
(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, shall be guilty of a petty
offense.
Any person who violates any of the provisions of Section
10-80, including administrative rules relating to that
Section, shall be guilty of a Class B misdemeanor.
Any person who violates any of the provisions of Section
1-200 or 10-55 of this Code, including administrative rules
relating to those Sections, shall be 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 shall be guilty of a Class A
misdemeanor.
Any person who violates Section 5-25 of this Code,
including administrative rules, shall be 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. 87-798; 87-833; 87-895.)
Passed in the General Assembly May 22, 2001.
Governor Amendatory Veto August 17, 2001.
General Assembly Accepts Amendatory Veto November 29, 2001.
Returned to Governor for Certification December 12, 2001.
Governor Certifies Changes January 01, 2002.
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