Section 870.40  Cessation of Business; Recordkeeping and Reporting

a)         Permittee with Letters of Authorization – Cessation of Business

1)         In the event that the holder of an aquaculture permit with letters of authorization for aquatic life not on the Approved List goes out of business or possesses the aquatic life contrary to the Code, the Department shall determine disposition of the aquatic life as it deems necessary, based upon the potential detriment to the aquatic resource of the State.

2)         Holders of permits with letters of authorization who cease operation, for whatever reason, are required to notify the Department in writing within 30 days after their cessation of business. Permits/letters of authorization are not transferrable to other persons or businesses, including heirs or assigns.

3)         When a holder of a permit with letters of authorization ceases doing business voluntarily or involuntarily, his or her permit/letters of authorization expire at the cessation of business.

b)         Recordkeeping

Records shall be maintained as required in Sections 20-90 and 20-125 of the Code. These records shall be made available to any authorized employee of the Department or any peace officer, upon request [515 ILCS 5/20-125]. Records shall be kept for a minimum of 2 years after the transaction [515 ILCS 5/20-90].

c)         Annual Report

1)         All aquaculture permit holders shall submit to the Department, on forms provided by the Department, by January 31 of each year, an Annual Report providing information on the previous calendar year's activity for aquatic life possessed, bought, sold or shipped.  The information required in this Annual Report shall include:

A)        name, address and license number of buyer;

B)        name, address and license number of seller;

C)        transaction date;

D)        species;

E)        number of pounds, to the nearest half pound;

F)         origin [515 ILCS 5/20-125(a)];

G)        price paid per pound (optional); and

H)        any other information (e.g., receipt number, carrier type, etc.) as required by the Department on the form.

2)         Failure of the permittee to submit the required Annual Report in the manner and time frame specified shall be grounds for refusal by the Department to renew a permit for the following year until all required reports are received and approved by the Department.

(Source:  Amended at 39 Ill. Reg. 10394, effective July 9, 2015)