State of Illinois
92nd General Assembly
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92_SB0957

 
                                               LRB9208084TAtm

 1        AN ACT concerning harmful aquatic organisms.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title. This Act  may  be  cited  as  the
 5    Harmful Aquatic Organisms Act.

 6        Section 5. Definitions. In this Act:
 7        "Aquatic macrophyte" means a macroscopic, non-woody plant
 8    that  is  either  a  submerged, floating leafed, floating, or
 9    emergent plant that naturally grows in water.
10        "Department" means the Department of Natural Resources.
11        "Director" means the Director of Natural Resources.
12        "Exotic species" means a wild animal species  or  aquatic
13    plant species that is not a native species.
14        "Eurasian water milfoil" means Myriophyllum spicatum.
15        "Harmful exotic species" means an exotic species that can
16    naturalize   and   that   either  (1)  causes  or  may  cause
17    displacement of, or otherwise  threaten,  native  species  in
18    their  natural  communities  or (2) threatens or may threaten
19    natural resources or their use in this State.
20        "Infested waters" means   waters of the State  designated
21    as infested by the Director.
22        "Introduction"  means  the release or escape of an exotic
23    species into a free-living state.
24        "Native species" means an animal or plant species that is
25    naturally present and reproducing within this State  or  that
26    naturally expands from its historic range into this State.
27        "Naturalize"   means   to   establish  a  self-sustaining
28    population of exotic species  in  the  wild  outside  of  its
29    natural range.
30        "Prohibited   exotic  species"  means  a  harmful  exotic
31    species that has  been  designated  as  a  prohibited  exotic
 
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 1    species in a rule adopted by the Director.
 2        "Purple  loosestrife"  means  Lythrum  salicaria, Lythrum
 3    virgatum, or combinations thereof.
 4        "Regulated exotic species" means a harmful exotic species
 5    that has been designated as a regulated exotic species  in  a
 6    rule adopted by the Director.
 7        "Transport"  means to cause or attempt to cause a species
 8    to be carried or moved into or within the State.  "Transport"
 9    includes   accepting   or   receiving   the    species    for
10    transportation  or  shipment.  Transport does not include the
11    unintentional transport of a species within a  water  of  the
12    State  or to a connected water of the State where the species
13    being transported is already present.
14        "Unlisted exotic  species" means an exotic  species  that
15    has  not  been  designated  as a prohibited exotic species, a
16    regulated exotic species, or an unregulated exotic species in
17    a rule adopted by the Director.
18        "Unregulated exotic species" means an exotic species that
19    has been designated as an unregulated  exotic  species  in  a
20    rule adopted by the Director.
21        "Watercraft"  means  a  contrivance  used or designed for
22    navigation on water.  "Watercraft" includes seaplanes.
23        "Waters of the State" means all waters of Illinois  under
24    the  jurisdiction  of the Department as provided in Section 5
25    of the Rivers, Lakes, and Streams Act.
26        "Wild animal" means a living creature, not human, wild by
27    nature, endowed with sensation and power of voluntary motion.
28        "Zebra mussel" means a species of the genus Dreissena.

29        Section 10. Harmful exotic species management program.
30        (a) The Director shall establish a statewide  program  to
31    prevent  and  curb the spread of harmful exotic species.  The
32    program must  provide  for  coordination  among  governmental
33    entities  and  private organizations to the extent that it is
 
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 1    practical.  The Director shall seek available federal funding
 2    and grants for the program.
 3        (b) The program required in subsection (a)  must  include
 4    specific  programs  to curb the spread and manage the  growth
 5    of purple loosestrife  and  Eurasian  water  milfoil.   These
 6    programs must include:
 7             (1)  compiling inventories and monitoring the growth
 8        of purple loosestrife and Eurasian water milfoil  in  the
 9        State, for which the Director may use volunteers;
10             (2)  publishing  and  distributing  of informational
11        materials to boaters and lakeshore property owners;
12             (3)  carrying  out  cooperative  research  with  the
13        University of  Illinois  and  other  public  and  private
14        research  facilities  to  study  the  use of non-chemical
15        control methods, including  biological  control  methods;
16        and
17             (4)  managing  the  growth of Eurasian water milfoil
18        and  purple loosestrife in coordination with  appropriate
19        units   of   local  government,  special  districts,  and
20        lakeshore associations.   Growth  management  plans  must
21        include providing requested technical assistance.
22        The  Directors  of  Agriculture  and Transportation shall
23    cooperate with the  Director  to  establish,  implement,  and
24    enforce  the  purple  loosestrife  and Eurasian water milfoil
25    program.
26        (c) The Director shall prepare a  long-term  plan,  which
27    may  include  specific  plans for individual species, for the
28    statewide management of harmful  exotic  species.   The  plan
29    must address:
30             (1)   coordinated   detection   and   prevention  of
31        accidental introductions;
32             (2) coordinated dissemination of  information  about
33        harmful exotic species among resource management agencies
34        and organizations;
 
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 1             (3)  a  coordinated  public  education and awareness
 2        campaign;
 3             (4) coordinated control of selected  harmful  exotic
 4        species on lands and public waters;
 5             (5)  participation  by lakeshore associations, local
 6        citizen groups, and units  of  local  government  in  the
 7        development   and   implementation  of  local  management
 8        efforts;
 9             (6) a reasonable and workable inspection requirement
10        for watercraft and equipment,  including  watercraft  and
11        equipment participating in organized events on the waters
12        of the State;
13             (7)  the  closing  of  points  of access to infested
14        waters, if the Director determines it is necessary, for a
15        total of not more than 7 days for control or  eradication
16        purposes;
17             (8)  maintaining  public accesses on infested waters
18        to be reasonably free of aquatic macrophytes; and
19             (9) giving notice to travelers of the penalties  for
20        violation of laws relating to harmful exotic species.
21        (d)  The  Director  shall authorize personnel to inspect,
22    for a minimum of 20,000 hours during  each  year,  watercraft
23    and  associated  equipment,  including  weed harvesters, that
24    leave or are removed from waters of the State.
25        (e) The Director shall seek cooperation with other states
26    and and governmental entities for the purposes of  management
27    and control of harmful exotic species.
28        (f)  On  or  before January 15 of each year, the Director
29    shall submit a  report  on  harmful  exotic  species  to  the
30    General Assembly. The report must include:
31             (1)   detailed   information   on  expenditures  for
32        administration, education,  management,  inspection,  and
33        research;
34             (2)  an  analysis of the effectiveness of management
 
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 1        activities conducted in  the  State,  including  chemical
 2        control,    harvesting,    educational    efforts,    and
 3        inspections;
 4             (3)  information on the participation of other State
 5        agencies, units of local government, and interest  groups
 6        in control efforts;
 7             (4)  information  on  management  efforts  in  other
 8        states;
 9             (5)   information   on  the  progress  made  in  the
10        management of each species; and
11             (6) an assessment of future management needs.

12        Section 15. Infested waters; restricted activities.
13        (a) The Director may designate any of the waters  of  the
14    State  as  an  infested water if the Director determines that
15    the water contains a harmful exotic species that could spread
16    to other waters if use of the water  and  related  activities
17    are not regulated to prevent this.
18        When  determining  which  harmful exotic species comprise
19    infested waters, the Director shall consider:
20             (1) the extent of a species distribution within  the
21        State;
22             (2) the likely means of spread of a species; and
23             (3)  whether regulations specific to infested waters
24        containing a specific species will effectively reduce the
25        spread of that species.
26        The presence of common carp and  curly-leaf  pondweed  is
27    not the basis for designating a water as infested.
28        (b)  Except  as  otherwise  provided in this Section, the
29    taking of wild animals  from  infested  waters  for  bait  or
30    aquatic farm purposes is prohibited.
31        In  waters that are designated as infested waters, except
32    those  designated  because  they  contain  prohibited  exotic
33    species of fish, the taking of wild animals may be  permitted
 
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 1    for:
 2             (1)  commercial  taking of wild animals for bait and
 3        aquatic farm purposes according to a permit issued  under
 4        Section 60; and
 5             (2)  bait purposes for noncommercial personal use in
 6        waters that contain Eurasian water milfoil.

 7        Section 20. Classification of exotic species.
 8        (a) The Director shall classify exotic species  according
 9    to the following categories:
10             (1)  prohibited  exotic  species  that  may  not  be
11        possessed,   imported,   purchased,   sold,   propagated,
12        transported,  or introduced except as provided in Section
13        25;
14             (2)  regulated  exotic  species  that  may  not   be
15        introduced except as provided in Section 35;
16             (3)  unlisted exotic species that are subject to the
17        classification procedure in Section 30; and
18             (4) unregulated exotic species that are not  subject
19        to regulation under this Act.
20        (b)  The Director must consider the following criteria in
21    classifying an exotic species under this Act:
22             (1) the likelihood of introduction of the species if
23        it is allowed to enter or exist in the State;
24             (2) the likelihood that the species would naturalize
25        in the State if it was introduced;
26             (3) the magnitude of potential  adverse  impacts  of
27        the  species on native species and on outdoor recreation,
28        commercial fishing, and other uses of  natural  resources
29        in the State;
30             (4)  the  ability to eradicate or control the spread
31        of the species once it is introduced in the State; and
32             (5) other criteria the Director deems appropriate.


 
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 1        Section 25. Prohibited exotic species.
 2        (a) A person may not  possess,  import,  purchase,  sell,
 3    propagate,   transport,  or  introduce  a  prohibited  exotic
 4    species, except:
 5             (1) under a permit  issued  by  the  Director  under
 6        Section 60;
 7             (2)  when  being  transported  to the Department, or
 8        another destination  that  the  Director  directs,  in  a
 9        sealed  container for purposes of identifying the species
10        or reporting the presence of the species;
11             (3) when being transported for disposal as part of a
12        harvest or control activity under a permit issued by  the
13        Director or as specified by the Director;
14             (4)  when  the  specimen  has been lawfully acquired
15        dead and, in the case of plant  species,  all  seeds  are
16        removed or are otherwise secured in a sealed container;
17             (5)  in  the  form  of  herbaria  or other preserved
18        specimens;
19             (6)  when  being   removed   from   watercraft   and
20        equipment,  or  caught  while  fishing,  and  immediately
21        returned to the water from which they came; or
22             (7) as the Director may otherwise prescribe by rule.
23        (b) The Director may seize or dispose of all specimens of
24    prohibited  exotic  species  unlawfully  possessed, imported,
25    purchased, sold, propagated, transported,  or  introduced  in
26    the State.

27        Section 30. Unlisted exotic species.
28        (a)  After  the  effective date of this Act, a person may
29    not introduce an unlisted exotic species unless:
30             (1) the person has notified the Director in a manner
31        and form prescribed by the Director;
32             (2)  the  Director  has  made   the   classification
33        determination  required  in subsection (b) and designated
 
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 1        the species as appropriate; and
 2             (3) the introduction is allowed under the applicable
 3        provisions of this Act.
 4        (b) If the Director determines that a species for which a
 5    notification is  received  under  subsection  (a)  should  be
 6    classified  as  a  prohibited  exotic  species,  the Director
 7    shall:
 8             (1) adopt  a  rule  designating  the  species  as  a
 9        prohibited exotic species; and
10             (2) notify the person from whom the notification was
11        received that the species is subject to Section 25.
12        If  the  Director  determines  that a species for which a
13    notification is  received  under  subsection  (a)  should  be
14    classified  as  an  unregulated  exotic species, the Director
15    shall:
16             (1) adopt a  rule  designating  the  species  as  an
17        unregulated species; and
18             (2) notify the person from whom the notification was
19        received  that  the  species is not subject to regulation
20        under this Act.
21        If the Director determines that a  species  for  which  a
22    notification  is  received  under  subsection  (a)  should be
23    classified as a regulated exotic species, the Director  shall
24    notify  the  applicant  that  the  species  is subject to the
25    requirements of Section 35.

26        Section 35. Regulated exotic species. Except as  provided
27    in rules adopted under this Act, a person may not introduce a
28    regulated  exotic  species  without  a  permit  issued by the
29    Director.

30        Section 40. Escape of exotic species.
31        (a) A person who allows or causes the introduction  of  a
32    wild  animal  that  is  a  prohibited, regulated, or unlisted
 
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 1    exotic species shall, within 48 hours after learning  of  the
 2    introduction,  notify  the  Director,  a  Conservation Police
 3    Officer, or another person designated by the  Director.   The
 4    person  must  make  every  reasonable attempt to recapture or
 5    destroy the introduced animal.  If the animal is a prohibited
 6    exotic species, the person is liable  for  the  actual  costs
 7    incurred  by  the  Department in capturing or controlling, or
 8    attempting to capture or control, the animal and its progeny.
 9    If the animal is a regulated exotic species,  the  person  is
10    liable  for  these costs if the introduction was in violation
11    of a permit issued under Section 60.
12        (b) A person  who  complies  with  this  Section  is  not
13    subject  to  criminal  penalties  under  Section  70  for the
14    introduction.

15        Section 50. Aquatic macrophytes.
16        (a) Except as  otherwise  provided  in  this  Section,  a
17    person  may  not  transport aquatic macrophytes on any public
18    road or highway.
19        (b) Unless otherwise prohibited  by  law,  a  person  may
20    transport aquatic macrophytes:
21             (1) that are duckweeds in the family Lemnaceae;
22             (2)  for  disposal  as  part of a harvest or control
23        activity conducted under permit issued under  Section  60
24        or as specified by the Director;
25             (3)   for   purposes  of  constructing  shooting  or
26        observation  blinds  in  amounts  sufficient   for   that
27        purpose,   provided  that  the  aquatic  macrophytes  are
28        emergent and cut above the waterline;
29             (4) when legally purchased  or  traded  by  or  from
30        commercial  or  hobbyist sources for aquarium, wetland or
31        lakeshore restoration, or ornamental purposes;
32             (5) when harvested for personal or commercial use if
33        in a motor vehicle;
 
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 1             (6) to the Department, or another  destination  that
 2        the  Director  determines,  in  a  sealed  container  for
 3        purposes  of  identifying  a  species  or  reporting  the
 4        presence of a species;
 5             (7)  when  transporting  a  commercial aquatic plant
 6        harvester   to  a  suitable  location  for  purposes   of
 7        cleaning any remaining aquatic macrophytes;
 8             (8) that are wild rice; or
 9             (9)  that  are  in the form of fragments of emergent
10        aquatic macrophytes incidentally  transported  in  or  on
11        watercraft or decoys used for migratory waterfowl hunting
12        during the season in which it is lawful to take migratory
13        waterfowl under the Wildlife Code.

14        Section 55. Watercraft; prohibited acts.
15        (a)  Except  otherwise  as  provided  in  this Section, a
16    person may not place or attempt to place into waters  of  the
17    State  a  watercraft,  trailer, or plant harvesting equipment
18    that has aquatic macrophytes, zebra  mussels,  or  prohibited
19    exotic species attached.
20        (b)  Unless  otherwise  prohibited  by  law, a person may
21    place into the waters of the State a  watercraft  or  trailer
22    with aquatic macrophytes:
23             (1) that are duckweeds in the family Lemnaceae;
24             (2)  for  purposes of shooting or observation blinds
25        in amounts sufficient for that  purpose  if  the  aquatic
26        macrophytes  are emergent and cut above the waterline;
27             (3) that are wild rice; or
28             (4)  that  are  in the form of fragments of emergent
29        aquatic macrophytes incidentally  transported  in  or  on
30        watercraft or decoys used for migratory waterfowl hunting
31        during the season in which it is lawful to take migratory
32        waterfowl under the Wildlife Code.
33        (c) A Conservation Police Officer or other licensed peace
 
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 1    officer may order:
 2             (1) the removal of aquatic macrophytes or prohibited
 3        exotic  species from a trailer or watercraft before it is
 4        placed into waters of the State;
 5             (2) the confinement of the watercraft at a  mooring,
 6        dock,  or  other location until the watercraft is removed
 7        from the water; or
 8             (3) the removal of a watercraft from waters  of  the
 9        State  to  remove  prohibited exotic species if the water
10        has not been designated by the Director as being infested
11        with that species.

12        Section 60. Permits.
13        (a) The Director may issue a permit for the  propagation,
14    possession,   importation,   purchase,   or  transport  of  a
15    prohibited exotic  species  for  the  purposes  of  disposal,
16    control, research, or education.
17        (b)  The Director may issue a permit for the introduction
18    of a regulated exotic species.
19        (c) The Director may issue a permit to allow the  harvest
20    of  bait  from waters that are designated as infested waters,
21    except those  waters  designated  as  infested  because  they
22    contain  prohibited  exotic species of fish.  The permit must
23    include  conditions  necessary  to  avoid  spreading  harmful
24    exotic species.  Before receiving a  permit,  a  person  must
25    satisfactorily complete annual harmful exotic species-related
26    training provided by the Department.
27        (d)  The  Director  may issue a permit under this Section
28    only if the he or she determines that the permitted  activity
29    would  not  pose  an  unreasonable  risk  of  harm to natural
30    resources or their use in the State.  The Director may  deny,
31    issue  with conditions, modify, or revoke a permit under this
32    Section as necessary to ensure  that  the  proposed  activity
33    will  not  pose  an  unreasonable  risk  of  harm  to natural
 
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 1    resources or their use in the State.
 2        (e) All final administrative decisions under this Section
 3    are subject to review under the Administrative Review Law.

 4        Section 65. Rules.
 5        (a) The Director must adopt rules:
 6             (1)  designating  infested  waters  and  prohibited,
 7        regulated, and unregulated exotic species;
 8             (2) governing the application for  and  issuance  of
 9        permits under this Act, which may include a fee schedule;
10        and
11             (3)  governing  notification  of  escapes  of exotic
12        species under Section 40.
13        (b) The Director may adopt rules:
14             (1)   regulating   the   possession,    importation,
15        purchase,  sale, propagation, transport, and introduction
16        of harmful exotic species; and
17             (2)   regulating   the   appropriation,   use,   and
18        transportation of water from infested waters.
19        (c)  The  Director  may  adopt   emergency   rules   that
20    designate:
21             (1) prohibited exotic species;
22             (2) regulated exotic species;
23             (3) unregulated exotic species; and
24             (4) infested waters.

25        Section 70. Enforcement; penalties.
26        (a)  Unless otherwise provided by law, this Act and rules
27    adopted under this Act may be enforced by Conservation Police
28    Officers and by other peace officers.
29        The authority of Conservation Police  Officers  to  issue
30    citations  under  subsection  (c)  is  in  addition  to other
31    remedies available under law, except that the State  may  not
32    seek  penalties  under  any  other  provision  of law for the
 
                            -13-               LRB9208084TAtm
 1    incident that is the subject of a citation.
 2        (b) Any person who violates Section 25, 30, 35, 40, or 50
 3    of this Act is guilty of a Class B misdemeanor.
 4        Any person who refuses  to  obey  an  order  of  a  peace
 5    officer or a Conservation Police Officer to remove prohibited
 6    exotic  species  or  aquatic macrophytes from any watercraft,
 7    trailer, or plant harvesting equipment is guilty of a Class C
 8    misdemeanor.
 9        (c)  After  appropriate  training,  Conservation   Police
10    Officers,   other   peace   officers,  and  other  Department
11    personnel designated by the Director may  issue  warnings  or
12    citations to a person who:
13             (1)  unlawfully transports prohibited exotic species
14        or aquatic macrophytes;
15             (2) unlawfully places  or  attempts  to  place  into
16        waters  of  the  State  a  trailer,  watercraft, or plant
17        harvesting equipment that has prohibited  exotic  species
18        attached;
19             (3)   unlawfully  fishes,  anchors,  or  operates  a
20        watercraft in a marked area of an Eurasian water  milfoil
21        limited infestation; or
22             (4)  intentionally damages, moves, removes, or sinks
23        a buoy marking, as prescribed  by  rule,  Eurasian  water
24        milfoil.
25        (d) A citation issued under this Section may impose civil
26    penalties up to the following penalty amounts:
27             (1)  for  transporting  aquatic  macrophytes  on any
28        public road or highway, $50;
29             (2) for placing or attempting to place  into  waters
30        of the State a watercraft, a trailer, or plant harvesting
31        equipment that has aquatic macrophytes attached, $100;
32             (3)  for  transporting  a  prohibited exotic species
33        other than an aquatic macrophyte, $100;
34             (4) for placing or attempting to place  into  waters
 
                            -14-               LRB9208084TAtm
 1        of  the  State a watercraft, trailer, or plant harvesting
 2        equipment that has  prohibited  exotic  species  attached
 3        when  the  waters  are  not designated by the Director as
 4        being infested with that  species,  $500  for  the  first
 5        offense and $1,000 for each subsequent offense;
 6             (5)   for   fishing,   anchoring,   or  operating  a
 7        watercraft in a marked area of a Eurasian  water  milfoil
 8        limited infestation, other than as provided by law, $100;
 9        and
10             (6) for intentionally damaging, moving, removing, or
11        sinking  a  buoy marking, as prescribed by rule, Eurasian
12        water milfoil, $100.
13        (e) A citation may be issued to  suspend,  for  up  to  a
14    year,  the  watercraft  license  or  the watercraft operating
15    privileges of an owner or person in control of  a  watercraft
16    or  trailer  who  refuses  to  submit  to an inspection under
17    Section 10 or who refuses to  comply  with  a  removal  order
18    given under this Section.
19        (f)  A  civil  penalty  is  due  and a watercraft license
20    suspension is effective 30 days after issuance of  the  civil
21    citation.  A civil penalty collected under this Section shall
22    be deposited into the Wildlife and Fish Fund.
23        (g)  A  citation  and  penalty  may  be  appealed  to the
24    Director if the  person  to  whom  the  citation  was  issued
25    requests  a  hearing by notifying the Director within 15 days
26    after receipt of the citation. If a hearing is not  requested
27    within  the 15-day period, the citation becomes a final order
28    not subject to further review.

29        Section 75. Application. This Act does not apply  to  (i)
30    species  regulated  under  the  Exotic  Weed  Act or the Pest
31    Control Compact Act or (ii) mammals and birds defined by  law
32    as livestock.
 
                            -15-               LRB9208084TAtm
 1        Section  900.   The  Boat  Registration and Safety Act is
 2    amended by changing Section 2-2 and by adding  Section  11A-7
 3    as follows:

 4        (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
 5        Sec. 2-2.  Inspection.
 6        (a)  Agents  of  the  Department or other duly authorized
 7    police officers may board and inspect any boat  at  any  time
 8    for  the purpose of determining if this Act is being complied
 9    with.   If  the  boarding  officer  or  agent  discovers  any
10    violation of this Act, he may issue a summons to the operator
11    of the boat requiring that the  operator  appear  before  the
12    circuit  court  for  the  county within which the offense was
13    committed.
14        (b)  Every vessel subject to this Act, if under  way  and
15    upon  being  hailed  by a designated law enforcement officer,
16    must stop immediately and lay to.
17        (c)  Agents of the Department and other  duly  authorized
18    police  officers may enforce all federal laws and regulations
19    which have been mutually agreed upon by the federal and state
20    governments and are applicable to the operation of watercraft
21    on navigable waters and federal impoundments where concurrent
22    jurisdiction   exists   between   the   federal   and   state
23    governments.
24        (d)  Agents of the Department and other  duly  authorized
25    police  officers  may  seize  and impound, at the owner's  or
26    operator's expense, any watercraft  involved  in   a  boating
27    accident  or  a violation of Section 3A-21, 5-1, 5-2, or 5-16
28    of this Act.
29        (e)  Agents of the Department and other  duly  authorized
30    police  officers  may board and inspect any watercraft at any
31    time for the purpose of determining if  the  Harmful  Aquatic
32    Organisms Act is being complied with.
33    (Source: P.A. 87-798; 88-670, eff. 12-2-94.)
 
                            -16-               LRB9208084TAtm
 1        (625 ILCS 45/11A-7 new)
 2        Sec.  11A-7.  Violations of the Harmful Aquatic Organisms
 3    Act.  The Department may suspend, for the period of one year,
 4    the watercraft license or the watercraft operating privileges
 5    of any person who refuses to submit to  an  inspection  under
 6    the  Harmful  Aquatic  Organisms Act or who refuses to comply
 7    with a removal order issued under that Act.

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