Section 830.13  Special Regulations for the Commercial Harvest of Roe-Bearing Species

a)         Shovelnose sturgeon may not be commercially harvested except in the Mississippi River (excluding the area from Lock and Dam 19 to the State Highway 9 Bridge in Niota), the Ohio River or the Wabash River.  Shovelnose sturgeon may only be commercially harvested from October 1 through May 31 inclusive.

b)         Paddlefish may not be commercially harvested except in the Ohio River, the Illinois River below Route 89, and the Mississippi River below Lock and Dam 19.

c)         Shovelnose sturgeon X pallid sturgeon hybrids may not be commercially harvested from the Mississippi River downstream of Lock and Dam 26.  Any sturgeon belonging to the genus Scaphirhynchus that contains any one of the three morphological characteristics listed below shall be considered shovelnose sturgeon X pallid sturgeon hybrid:

1)         belly completely lacking in scales;

2)         bases of outer barbels located slightly farther behind bases of inner barbells; or

3)         length of inner barbels going at least 6.3 times into length of head.

d)         All commercial roe harvesters engaged in harvesting of roe-bearing species, including shovelnose sturgeon, paddlefish and bowfin, shall:

1)         leave the roe of harvested shovelnose sturgeon and bowfin whole, intact and inside the body cavity of the fish while on the water.  However, the intact ovaries of paddlefish may be removed while on the water with the carcasses of the fish the ovary is harvested from being retained for identification purposes;

2)         after complete retrieval of fishing tackle, immediately remove all aquatic species that are not in compliance with size limits or are illegal species to take or possess and immediately return them without unnecessary injury to the waters from which taken.  "Complete retrieval" means as soon as an individual piece of fishing tackle has been retrieved in whole to the fisherman's boat.

e)         Commercial Roe Permit

1)         Commercial Roe Harvest Permits shall be valid only on the water specified on the permit:  the Mississippi River, the Illinois River, the Ohio River or the Wabash River.  The Mississippi River will be further divided into two zones, from Lock and Dam 26 upstream to the Wisconsin border (Northern Zone) and from Lock and Dam 26 downstream to the mouth of the Ohio River (Southern Zone).

A)        Commercial fisherman who harvest shovelnose sturgeon under a Mississippi River, Southern Zone, commercial roe harvest permit will also be required to become certified by the Illinois Department of Natural Resources in their ability to discern between lake, shovelnose and pallid sturgeon.

B)        Resident commercial fisherman will be allowed to procure permits for additional water bodies at no further charge, once their initial commercial roe harvest permit has been issued, based on availability.

2)         The IDNR shall have the authority to restrict the number of permits issued for each body of water in order to establish a limited entry fishery to maintain a sustainable fishery for all caviar-bearing species based on the following criteria:

A         The best biological information available pertaining to the size, structure and abundance of each population of roe-bearing species.

B)        A determination of the potential impact of commercial fishing activities on other water-based recreational activities.

3)         Application for permit (under a limited entry fishery)

A)        Illinois resident commercial fishermen may apply for a commercial roe harvest permit in June of each year.  A drawing will be held in July and successful applicants will be issued a permit.

B)        Non-residents and Illinois residents who did not obtain a permit in the July drawing, or who desire permits for additional water bodies, may apply for a Commercial Roe Harvest Permit from the first business day in August until August 15.  A second drawing will be held August 31, and successful applicants will be issued a permit.

4)         Any commercial fisherman who is convicted of taking any of the species listed in 17 Ill. Adm. Code 1010.30(a) or (b) shall be ineligible to obtain a Commercial Roe Harvest Permit for a period of 36 months from the date of conviction.

(Source:  Added at 31 Ill. Reg. 13187, effective August 30, 2007)