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| Public Act 094-0592 |
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AN ACT concerning fish and aquatic life.
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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 1-55, 1-125, 10-100, 20-35, and 20-70 and by | ||||
adding Section 1-53 as follows: | ||||
(515 ILCS 5/1-53 new)
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Sec. 1-53. Indigenous species. "Indigenous species" means | ||||
those species of aquatic life specified by administrative rule.
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(515 ILCS 5/1-55) (from Ch. 56, par. 1-55)
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Sec. 1-55. Minnow. "Minnow" means any fish in the family | ||||
Cyprinidae
except common carp (Cyprinus carpio),
and goldfish | ||||
(Carassius auratus), and Asian carp [bighead carp | ||||
(Hypophthalmichthys nobilis), black carp (Mylopharyngodon | ||||
piceus), grass carp (Ctenopharyngodon idella), and silver carp | ||||
(Hypophthalmichthys molotrix)].
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(Source: P.A. 87-833.)
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(515 ILCS 5/1-125) (from Ch. 56, par. 1-125)
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Sec. 1-125. Administrative rules. The Department is | ||||
authorized to issue
administrative rules for carrying out, | ||||
administering, and enforcing the
provisions of this Code. The | ||||
administrative rules shall be promulgated in
accordance with | ||||
the Illinois Administrative Procedure Act.
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Rules, after becoming effective, shall be enforced in the | ||||
same manner as
are any other provisions of this Code. It is | ||||
unlawful for any person to violate any provision of any | ||||
administrative rule promulgated by the Department. Violators | ||||
of administrative rules
are subject to the penalties set out in | ||||
this Code.
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(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/10-100) (from Ch. 56, par. 10-100)
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Sec. 10-100. Release of aquatic life. | ||
(a) It shall be unlawful to
release any aquatic life
into | ||
the wild in
waters of this State without first securing | ||
permission of the
Department to do so, except that the owner of | ||
a body of water may release
aquatic life indigenous to the | ||
State of Illinois into waters wholly upon his or her property | ||
that are
indigenous to the
State of Illinois. The Department | ||
shall have the authority to promulgate
necessary rules and | ||
regulations, under the Illinois Administrative
Procedure Act, | ||
regulating the possession, transportation, and shipping of
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aquatic life not indigenous to the State of Illinois. All | ||
aquatic life may be
immediately returned unharmed
released into | ||
waters from where
which they were taken.
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(b) It is unlawful to possess, transport, or release any | ||
live specimen or viable gametes of any species listed as | ||
injurious by administrative rule, unless authorized by that | ||
rule. A violation of this subsection (b) is a Class A | ||
misdemeanor.
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(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
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Sec. 20-35. Offenses.
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(a) Except as prescribed in Section 5-25 and unless | ||
otherwise provided in
this Code, any person who is found guilty | ||
of violating any of the provisions
of this Code, including | ||
administrative rules, is guilty of a petty offense.
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Any person who violates any of the provisions of Section | ||
5-20, 10-5,
10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, | ||
10-60, 10-70, 10-75, 10-95,
10-115, 10-135, 15-5, 15-10, 15-15, | ||
15-20, 15-30, 15-32, 15-40, 15-45, 15-55,
15-60, 15-65, 15-75, | ||
15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110,
15-115, | ||
15-120, 15-130, 15-140, 20-70, 20-75, 20-80, 20-85, 25-10, | ||
25-15, or
25-20 of this Code, including administrative rules | ||
relating to those Sections,
is guilty of a Class B misdemeanor.
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Any person who violates any of the provisions of Section | ||
1-200, 1-205,
10-55, 10-80, 10-100(b), 15-35, or 20-120 of this | ||
Code, including administrative rules
relating to those | ||
Sections, is guilty of a Class A misdemeanor.
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Any person who violates any of the provisions of this Code, | ||
including
administrative rules, during the 5 years following | ||
the revocation of his or
her license, permit, or privileges | ||
under Section 20-105 is guilty of a Class
A misdemeanor.
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Any person who violates Section 5-25 of this Code, | ||
including administrative
rules, is guilty of a Class 3 felony.
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(b)(1) It is unlawful for any person to take or attempt to | ||
take aquatic
life from any aquatic life farm except with the | ||
consent of the owner of the
aquatic life farm. Any person | ||
possessing fishing tackle on the premises of an
aquatic life | ||
farm is presumed to be fishing. The presumption may be rebutted
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by clear and convincing evidence. All fishing tackle, | ||
apparatus, and vehicles
used in the violation of this | ||
subsection (b) shall be confiscated by the
arresting officer. | ||
Except as otherwise provided in this subsection, the
seizure | ||
and confiscation procedures set forth in Section 1-215 of this | ||
Code
shall apply. If the confiscated property is determined by | ||
the circuit court
to have been used in the violation of this | ||
subsection (b), the confiscated
property shall be sold at | ||
public auction by the county sheriff of the county
where the | ||
violation occurred. The proceeds of the sale shall be deposited | ||
in
the county general fund; provided that the auction may be | ||
stayed by an
appropriate court order.
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(2) A violation of paragraph (1) of this subsection (b) is | ||
a Class A
misdemeanor for a first offense and a Class 4 felony | ||
for a second or subsequent
offense.
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(c)(1) It is unlawful for any person to trespass or fish on | ||
an aquatic life
farm located on a strip mine lake or other body | ||
of water used for aquatic life
farming operations, or within a | ||
200 foot buffer zone surrounding cages or
netpens that are | ||
clearly delineated by buoys of a posted aquatic life farm, by
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swimming, scuba diving, or snorkeling in, around, or under the | ||
aquatic life
farm or by operating a watercraft over, around, or | ||
in the aquatic life farm
without the consent of the owner of | ||
the aquatic life farm.
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(2) A violation of paragraph (1) of this subsection (c) is | ||
a Class B
misdemeanor for a first offense and a Class A | ||
misdemeanor for a second or
subsequent offense. All fishing | ||
tackle, apparatus, and watercraft used in a
second or | ||
subsequent violation of this subsection (c) shall be | ||
confiscated by
the arresting officer. Except as otherwise | ||
provided in this subsection, the
seizure and confiscation | ||
procedures set forth in Section 1-215 of this Code
shall apply. | ||
If the confiscated property is determined by the circuit court
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to have been used in a violation of this subsection (c), the | ||
confiscated
property shall be sold at public auction by the | ||
county sheriff of the county
where the violation occurred. The | ||
proceeds of the sale shall be deposited
in the county general | ||
fund; provided that the auction may be stayed by an
appropriate | ||
court order.
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(d) Offenses committed by minors under the direct control | ||
or with the
consent of a parent or guardian may subject the | ||
parent or guardian to the
penalties prescribed in this Section | ||
or as otherwise provided in this Code.
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(e) In addition to any fines imposed under this Section, or | ||
as otherwise
provided in this Code, any person found guilty of | ||
unlawfully taking or
possessing any aquatic life protected by | ||
this Code shall be assessed a
civil penalty for that aquatic | ||
life in accordance with the values
prescribed in Section 5-25 | ||
of this Code. This civil penalty shall be
imposed at the time | ||
of the conviction by the Circuit Court for the county
where the | ||
offense was committed. Except as otherwise provided for in
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subsections (b) and (c) of this Section, all penalties provided | ||
for in this
Section shall be remitted to the Department in | ||
accordance with the provisions
of Section 1-180 of this Code.
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(Source: P.A. 92-385, eff. 8-16-01; 92-513, eff. 6-1-02; | ||
92-651, eff.
7-11-02.)
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(515 ILCS 5/20-70) (from Ch. 56, par. 20-70)
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Sec. 20-70. Non-resident and resident aquatic life
fish
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dealers. Non-resident
and resident aquatic life
fish dealers | ||
shall maintain records of all fish and other
aquatic life | ||
bought, sold, or shipped in Illinois. These records shall
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include the name of the seller and the species and poundage of | ||
the fish or
aquatic life involved. The records shall be kept | ||
for a minimum of one year
from the date of the transaction and | ||
shall be made immediately available to
authorized employees of | ||
the Department upon request.
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(a) Non-resident aquatic life
fish dealers. Any person not | ||
a resident
of Illinois who sells or ships to other wholesalers, | ||
retailers, or
consumers any of the aquatic life protected by | ||
this Code, whether from
waters within or without the State is a | ||
non-resident aquatic life
fish dealer within
the meaning of | ||
this Code.
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All licenses issued to non-resident aquatic life
fish
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dealers are valid only in
the location described and designated | ||
in the application for the
license. Wholesalers may deliver | ||
their products by truck or common
carrier of any type but must | ||
possess a separate license for each truck
from which aquatic | ||
life are being sold if business is solicited
from the
trucks.
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Application for a non-resident aquatic life
fish dealer's | ||
license shall be made to
and upon forms furnished by the | ||
Department and shall be in the form as the
Department may | ||
prescribe. The annual fee for a non-resident aquatic life
fish
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dealer's
license shall be $100. All non-resident aquatic life
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fish dealer licenses shall expire
on January 31 of each year.
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Non-residents purchasing aquatic life
fish in Illinois for | ||
sale solely outside
the State are exempt from possessing an | ||
aquatic life
a fish dealer's license if
purchases are made from | ||
a licensed resident wholesale or retail aquatic life
fish
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dealer.
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(b) Resident aquatic life
fish dealer's licenses. Any | ||
person conducting a fish market
or buying, selling, or shipping | ||
any aquatic life (except minnows) protected
by this Code, | ||
whether from waters within or without the State, shall first
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procure a license from the Department to do so, including any | ||
commercial
fisherman selling live fish for stocking only. Any | ||
commercial fisherman
person selling fish
legally caught or | ||
taken by themselves to a resident licensed wholesale aquatic | ||
life
fish
dealer, however, is exempt from the provisions of | ||
this Section.
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(1) Wholesale aquatic life
fish dealer's license.
Any | ||
resident of this State who, within the State of Illinois,
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conducts a wholesale fish market or who sells or ships to | ||
any
other wholesaler, retailer, or other commercial | ||
institution aquatic
life indigenous to this State (except | ||
minnows) and protected by this
Code, whether from waters | ||
within or without the State, is a
resident wholesale | ||
aquatic life
fish dealer in the meaning of this Code.
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This provision, however, does not apply to minnows or | ||
saltwater species commonly used as seafood that will not | ||
survive in freshwater, such as lobsters, clams, mussels, | ||
and oysters.
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All licenses issued to resident wholesale aquatic life
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fish dealers are valid only
in the location described and | ||
designated in the application for license.
Wholesale | ||
aquatic life
fish dealers may deliver their products by | ||
truck or other common
carrier but must possess a separate | ||
license for each truck from which aquatic
life is being | ||
sold if business is solicited from the truck. Applications | ||
for
resident wholesale aquatic life
fish dealer's licenses | ||
shall be made to and upon forms
furnished by the | ||
Department, which shall be in the form as the Department
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may prescribe. The annual license fee for each wholesale | ||
aquatic life
fish dealer's
license is $50. All wholesale | ||
aquatic life
fish dealer's licenses shall expire on
January | ||
31 of each year.
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(2) Retail aquatic life
fish dealer's license. Any | ||
resident of the State of
Illinois who, within the State of | ||
Illinois, conducts a retail fish market
where he or she | ||
sells or offers for sale any
aquatic life indigenous to | ||
this State (except minnows) and protected by
this Code, | ||
whether from waters from within or without the State, is a
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retail aquatic life
fish dealer in the meaning of this | ||
Code.
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This provision, however, does not apply to minnows or | ||
saltwater species commonly used as seafood that will not | ||
survive in freshwater, such as lobsters, clams, mussels, | ||
and oysters.
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All licenses issued to resident aquatic life
fish
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dealers are valid only in the
location described and | ||
designated in the application for the license.
Retailers | ||
may deliver their products by truck or other common carrier | ||
but
must possess a separate license for each truck from | ||
which aquatic life is being
sold if business is solicited | ||
from the truck.
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Applications for resident retail aquatic life
fish
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dealer's licenses shall be made
to and upon forms furnished | ||
by the Department, which shall be in the form
the | ||
Department may prescribe. The annual license for each | ||
resident retail
aquatic life
fish dealer's license is $10. | ||
All these licenses shall expire on January 31
of each year.
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(3) Separate licenses. A license shall be procured for | ||
each separate
fish market or place of business operated by | ||
any wholesale or retail aquatic life
fish
dealer, whether a | ||
resident or non-resident, and for each vehicle from which
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aquatic life is sold. All licenses shall be conspicuously | ||
displayed at all
times.
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(c) The Department may adopt administrative rules | ||
pertaining to non-resident and resident aquatic life dealers. | ||
Any person who violates any provision of this Section 20-70, or | ||
related administrative rule, is guilty of a Class B | ||
misdemeanor.
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(Source: P.A. 89-66, eff. 1-1-96.)
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