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| Public Act 098-0336 | ||||
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AN ACT concerning fish.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Fish and Aquatic Life Code is amended by | ||||
changing Sections 15-5 and 15-15 and by adding Section 15-155 | ||||
as follows:
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(515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
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Sec. 15-5. Commercial fisherman; license requirement.
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(a) A "commercial fisherman" is defined as any individual | ||||
who uses any
of the commercial fishing devices as defined by | ||||
this Code for the taking of
any aquatic life, except mussels, | ||||
protected by the terms of this Code.
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(b) All commercial fishermen shall have a commercial | ||||
fishing license.
In addition to a commercial fishing license, a | ||||
commercial fisherman shall also obtain a sport fishing license. | ||||
All individuals assisting a licensed commercial fisherman in | ||||
taking aquatic
life, except mussels, from any waters of the | ||||
State must have a commercial
fishing license unless these | ||||
individuals are under the direct supervision
of and aboard the | ||||
same watercraft as the licensed commercial fisherman. An | ||||
individual assisting a licensed commercial fisherman must | ||||
first obtain a sport fishing license.
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(c) A "Lake Michigan commercial fisherman" is defined as an | ||||
individual
who resides in this State or an Illinois corporation | ||
who uses any of the
commercial fishing devices as defined by | ||
this Code for the taking of aquatic
life, except mussels, | ||
protected by the terms of this Code.
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(d) For purposes of this Section, an act or omission that | ||
constitutes
a violation committed by an officer, employee, or | ||
agent of a corporation
shall be deemed the act or omission of | ||
the corporation.
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(Source: P.A. 87-833.)
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(515 ILCS 5/15-15) (from Ch. 56, par. 15-15)
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Sec. 15-15. Commercial fishing devices. "Commercial | ||
fishing
devices" for the purposes of this Code are defined as | ||
follows:
buoyed gangings, set gangings, bank pole and line, | ||
throw line
or trot line having more than 50 hooks, seine, | ||
pocket seine,
otter trawl, dip net, throw net, gill net, | ||
trammel net, basket
trap, hoop net, wing net, pound net, trap | ||
net, any watercraft used as a primary collection device, and | ||
any and
all other devices considered as commercial devices by | ||
the
Department when used in the taking of any aquatic life, | ||
except
mussels, protected by the terms of this Code.
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(Source: P.A. 87-833.)
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(515 ILCS 5/15-155 new) | ||
Sec. 15-155. Watercraft used as a primary collection device | ||
for commercial fishes. Any person licensed as a commercial | ||
fisherman who wishes to use their watercraft as a primary | ||
collection device for commercial fishes must first obtain a | ||
commercial watercraft device tag. All watercraft used as a | ||
primary collection device must be legally licensed by the State | ||
and be in compliance with all Coast Guard boating regulations. | ||
This Section does not apply to any person taking Asian Carp by | ||
the aid of a boat for non-commercial purposes.
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