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| Public Act 102-0368 | ||||
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AN ACT concerning fish.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fish and Aquatic Life Code is amended by | ||||
changing Section 5-25 as follows:
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(515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
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Sec. 5-25. Value of protected species; violations.
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(a) Any person who, for profit or commercial purposes, | ||||
knowingly
captures or kills, possesses, offers for sale, | ||||
sells, offers to barter,
barters, offers to purchase, | ||||
purchases, delivers for shipment, ships,
exports, imports, | ||||
causes to be shipped, exported, or imported, delivers for
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transportation, transports or causes to be transported, | ||||
carries or causes
to be carried, or receives for shipment, | ||||
transportation, carriage, or
export any aquatic life, or parts | ||||
thereof, in part or in whole of any of the species
protected by | ||||
this Code, contrary to the provisions of the Code or | ||||
administrative rule, and that
aquatic life, in whole or in | ||||
part, is valued at or in excess of a total of $300,
as per | ||||
species value specified in subsection (c) of this Section, | ||||
commits a Class 3
felony.
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A person is guilty of a Class 4 felony if convicted under | ||||
this Section for more than one violation within a 90-day | ||||
period if the aquatic life involved in each violation are not | ||
valued at or in excess of $300 but the total value of the | ||
aquatic life involved with the multiple violations is at or in | ||
excess of $300. The prosecution for a Class 4 felony for these | ||
multiple violations must be alleged in a single charge or | ||
indictment and brought in a single prosecution.
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Any person who violates this subsection (a) when the total | ||
value of species is less than $300 commits a Class A | ||
misdemeanor except as otherwise provided.
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(b) Possession of aquatic life, in whole or in part, | ||
captured or killed
in violation of this Code, valued at or in | ||
excess of $600, as per species value
specified in subsection | ||
(c) of this Section, shall be considered prima facie
evidence | ||
of possession for profit or commercial purposes.
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(c) For purposes of this Section, the fair market value or | ||
replacement cost, whichever is greater, must be used to | ||
determine the value of the species protected by this Code, but | ||
in no case shall the minimum value of all aquatic life and | ||
their
hybrids protected by
this Code, whether dressed or not | ||
dressed, be less than the following:
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(1) For each muskellunge, northern pike, walleye,
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striped bass, sauger, largemouth bass, smallmouth bass, | ||
spotted bass, trout (all species), salmon (all species | ||
other than chinook
caught from August 1 through December | ||
31), bowfin, paddlefish, and sturgeon (other than pallid | ||
or lake sturgeon) of a weight, dressed
or not dressed, of | ||
one pound or more, $4 for each pound or fraction of a
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pound. For each individual fish with a dressed
or not | ||
dressed
weight of less than one pound, $4. For parts of | ||
fish
processed
past the dressed state, $8 per pound.
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(2) For each warmouth, rock bass, white bass, yellow | ||
bass, sunfish (all
species except largemouth, smallmouth, | ||
and spotted bass), bluegill, crappie,
bullheads, | ||
pickerels, yellow perch, catfish (all species), and | ||
mussels of a weight,
dressed or not dressed, of one pound | ||
or more, $4 for each pound or fraction
of a pound of | ||
aquatic life. For each individual aquatic life with
a | ||
dressed or
not dressed weight of less than one pound, $4. | ||
For aquatic life parts processed past the dressed state, | ||
$8 per pound.
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(3) (Blank).
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(4) (Blank).
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(5) For goldeye, mooneye, carp, carpsuckers (all | ||
species), suckers (all
species), redhorse (all species), | ||
buffalo (all species), freshwater drum,
skipjack, shad | ||
(all species), alewife, smelt, gar, bowfin, chinook
salmon | ||
caught from August 1 through December 31, and all other | ||
aquatic life
protected by this Code, not listed in | ||
paragraphs (1), (2), or (5) of
subsection (c) of this | ||
Section, $1 per pound, in part or in whole.
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(6) For each species listed on the federal or State | ||
endangered and threatened species list, and for lake and | ||
pallid sturgeon, $150 per animal in whole or in part.
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(Source: P.A. 98-752, eff. 1-1-15.)
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