98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5869

 

Introduced , by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
515 ILCS 5/10-105  from Ch. 56, par. 10-105

    Amends the Fish and Aquatic Life Code. Provides that an individual who knowingly imports any nuisance organism into this State is guilty of a Class C misdemeanor or a fine not exceeding $1,500 per organism imported, with a maximum fine not exceeding $25,000. Defines "nuisance organism" as a nonnative aquatic organism that will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native or naturalized fish and other organisms.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning fish.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fish and Aquatic Life Code is amended by
5changing Section 10-105 as follows:
 
6    (515 ILCS 5/10-105)  (from Ch. 56, par. 10-105)
7    Sec. 10-105. Fish importation permits. Live fish, viable
8fish eggs, or viable sperm of any species or hybrid of salmon
9or trout may be imported into the State only by the holder of a
10fish importation permit and other required State permits.
11Importation permits shall be issued at no charge to a person
12who has applied on a Department special permit form, no less
13than 15 days nor more than 30 days before shipment, provided
14that the shipment is not considered detrimental to the fishery
15resource of the State.
16    An importation permit shall be issued only if the source
17hatchery is inspected and found free of those diseases
18designated by administrative rule of the Department, or any
19other diseases, that may be detrimental to the fishery resource
20of the State. Inspections may be carried out only by persons
21recognized by the Department as competent in the diagnosis of
22fish diseases. An importation permit may be granted by the
23Department for extended periods of up to 6 months from the date

 

 

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1the source hatchery is certified as being disease free. A
2permit may be cancelled upon the diagnosis of a disease at the
3source hatchery that may be detrimental to the fishery resource
4of the State. A letter of disease free certification, including
5date of examination, must be provided by the applicant.
6    A copy of the fish importation permit shall accompany
7shipment. Fish, eggs, or viable sperm imported under this
8permit are subject to inspection by employees of the Department
9and may include taking samples for biological examination.
10Shipment of live fish, viable fish eggs, or viable sperm of
11salmon or trout into the State without a fish importation
12permit shall be considered detrimental to the fishery resource
13and shall be seized and disposed of by means found suitable to
14the Department.
15    This Section does not apply to salmon or trout in transit
16through the State that will not be released from their original
17containers.
18    Failure to comply with this Section is grounds for
19revocation of the aquaculture permit or fish dealers license,
20or both.
21    In addition to any other penalty provided under law, an
22individual who knowingly imports any nuisance organism into
23this State is guilty of a Class C misdemeanor or a fine not
24exceeding $1,500 per organism imported, with a maximum fine not
25exceeding $25,000. As used in this Section, "nuisance organism"
26means a nonnative aquatic organism that will foreseeably alter

 

 

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1and threaten to harm the ecosystem or the abundance and
2diversity of native or naturalized fish and other organisms.
3(Source: P.A. 87-833.)