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Public Act 102-0724
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| HB3717 Enrolled | LRB102 13784 KMF 19134 b |
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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 Sections 15-105 and 15-130 as follows:
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(515 ILCS 5/15-105) (from Ch. 56, par. 15-105)
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Sec. 15-105. Devices near spillways, fishways, lakes, and |
dams. |
(a) Except as otherwise provided in subsection (b), it It |
shall be unlawful to use or operate any commercial devices |
within
300 yards above or below all spillways, fishways, or |
locks or dams of any
type or in a manner that obstructs more |
than one-half the width of any
stream or watercourse.
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(b) A commercial fisherman may obstruct more than one-half |
the width of any stream or watercourse if: (i) the commercial |
fisherman is within sight of his or her gear and available to |
prevent boaters from contacting his or her nets; and (ii) the |
commercial fisherman places at least 2 fluorescent orange |
buoys that are at least 2 feet in diameter on the opposite side |
of the net from which the commercial fisherman is working to |
warn boaters of the presence of the commercial fisherman's |
nets. |
(Source: P.A. 87-833.)
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(515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
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Sec. 15-130. Gill or trammel net. It shall be unlawful to |
use a gill or
trammel net except in the Mississippi River, in |
the Ohio River, and in the
Illinois River from
its mouth up to |
the Illinois River bridge, Highway Route 89, including
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adjacent backwaters but not above the mouth of any stream, |
ditch, or
tributary connected to these backwaters. No trammel |
net used under this
Section shall have meshes less than 2 |
inches bar measurement and no gill
net used under this Section |
shall have meshes less than 4 inches bar
measurement. No gill |
or trammel net shall be less than 100 feet in length.
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All gill or trammel nets that are set in any body of water |
shall be under
the immediate supervision of the operator, who |
may be the licensee or his
or her employee, except (i) from May |
1 to September 30, (ii) when the nets
are set under the ice, |
(iii) from sunset to sunrise, or (iv) as specified by |
administrative rule. Immediate
supervision shall be defined as |
the operator being on the waters where the
nets are set to be |
readily available to identify the nets to law
enforcement |
officers empowered to enforce this Code. It shall be unlawful
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for any employee on any one day to lift or attend nets of more |
than
one licensee.
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All gill or trammel nets set under the ice shall be at a |
distance of not
less than 100 yards from any natural opening in |
the ice.
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A net shall be defined as a "trammel net" for the purposes |
of enforcing this Code if: (i) there are no less than 3 panels |
of mesh tied to a single float and lead line; (ii) the outer |
panels of mesh are constructed of a number 9 or larger diameter |
twine; (iii) the outer panels of mesh are diamond shaped and no |
greater than 40 inch bar measure; and (iv) the inner panel of |
mesh is not less than 2 inches bar measure. |
A net shall be defined as a "gill net" for the purposes of |
enforcing this Code if it is constructed of a single panel of |
mesh that is not less than 3 inches bar measure that is tied to |
a single float and lead line. |
The Department may modify provisions of this Section as |
provided in
Section 1-135.
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(Source: P.A. 95-147, eff. 8-14-07.)
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