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| | HB4277 Enrolled | | LRB098 15949 MGM 50996 b |
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| 1 | | AN ACT concerning fish.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Fish and Aquatic Life Code is amended by |
| 5 | | changing Section 15-5 as follows:
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| 6 | | (515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
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| 7 | | Sec. 15-5. Commercial fisherman; license requirement.
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| 8 | | (a) A "commercial fisherman" is defined as any individual |
| 9 | | who uses any
of the commercial fishing devices as defined by |
| 10 | | this Code for the taking of
any aquatic life, except mussels, |
| 11 | | protected by the terms of this Code.
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| 12 | | (b) All commercial fishermen shall have a commercial |
| 13 | | fishing license.
In addition to a commercial fishing license, a |
| 14 | | commercial fisherman shall also obtain a sport fishing license. |
| 15 | | All individuals assisting a licensed commercial fisherman in |
| 16 | | taking aquatic
life, except mussels, from any waters of the |
| 17 | | State must have a commercial
fishing license unless these |
| 18 | | individuals are under the direct supervision
of and aboard the |
| 19 | | same watercraft as the licensed commercial fisherman. An |
| 20 | | individual assisting a licensed commercial fisherman must |
| 21 | | first obtain a sport fishing license. |
| 22 | | (c) Notwithstanding any other provision of law to the |
| 23 | | contrary, blind or disabled residents may fish with commercial |
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| | HB4277 Enrolled | - 2 - | LRB098 15949 MGM 50996 b |
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| 1 | | fishing devices without holding a sports fishing license. For |
| 2 | | the purpose of this Section, an individual is blind or disabled |
| 3 | | if that individual has a Class 2 disability as defined in |
| 4 | | Section 4A of the Illinois Identification Card Act. For the |
| 5 | | purposes of this Section, an Illinois person with a Disability |
| 6 | | Identification Card issued under the Illinois Identification |
| 7 | | Card Act indicating that the individual named on the card has a |
| 8 | | Class 2 disability shall be adequate documentation of a |
| 9 | | disability.
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| 10 | | (d) Notwithstanding any other provision of law to the |
| 11 | | contrary, a veteran who, according to the determination of the |
| 12 | | federal Veterans' Administration as certified by the |
| 13 | | Department of Veterans' Affairs, is at least 10% disabled with |
| 14 | | service-related disabilities or in receipt of total disability |
| 15 | | pensions may fish with commercial fishing devices without |
| 16 | | holding a sports fishing license during those periods of the |
| 17 | | year that it is lawful to fish with commercial fishing devices, |
| 18 | | if the respective disabilities do not prevent the veteran from |
| 19 | | fishing in a manner that is safe to him or herself and others. |
| 20 | | (e) (c) A "Lake Michigan commercial fisherman" is defined |
| 21 | | as an individual
who resides in this State or an Illinois |
| 22 | | corporation who uses any of the
commercial fishing devices as |
| 23 | | defined by this Code for the taking of aquatic
life, except |
| 24 | | mussels, protected by the terms of this Code.
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| 25 | | (f) (d) For purposes of this Section, an act or omission |
| 26 | | that constitutes
a violation committed by an officer, employee, |