Section 830.80  Commercial Fishing and Musseling in Additional Waters

a)         Additional waters may be open to commercial fishing or musseling by a contract for removal.  Any licensed commercial fisherman or musseler who wishes to fish in any water not listed under Section 830.10 or 830.20 must request permission from the Division of Fisheries.  The Division will determine whether the fish, crayfish or mussel resource can support such activity and whether the activity is in the best interests of the general public.  If so, the Department shall issue a contract for removal specifying the type of gear, season, species of fish, crayfish or mussel that shall be removed, and any other regulations as shall be necessary to protect the resource.

b)         The standards for determining whether or not an additional fishery will be open to commercial fishing or musseling shall include:  a biological sampling of the commercial fish, crayfish or mussel population to determine the relative abundance of the species present; an assessment of the impact of commercial fishing or musseling gear on sport fish, crayfish or mussel populations; a determination of the potential impact of commercial fishing or musseling activities on other water-based recreation; a determination of whether the fish are safe for public consumption (U.S. Food and Drug Administration standards are followed (USFDA 21, CFR 109.30, 2004) (no incorporation in this Part includes later amendments or editions)); and a fair and equitable allocation of commercial fishing or musseling opportunities.

c)         For mussels, in addition to the criteria listed in subsection (b), both of the specific criteria listed below must be met for areas to be open or remain open to commercial harvest of selected mussel species:

1)         sub-legal to legal mussel (same species) ratio equal to or exceeding 2:1; and

2)         catch rate (CPUE) of individual specimens of a given species, as measured by a timed diver sample equal to or exceeding 60 per hour.

d)         Commercial fishing contracts will not be issued:  

1)         for non-commercial purposes; or

2)         if an individual has been found guilty of a violation of a State Fish and Aquatic Life Code law or this Part during the past 12 months.

(Source:  Amended at 29 Ill. Reg. 6277, effective April 25, 2005)