Section 870.10  Aquatic Life Approved Species

a)         For the purposes of Section 20-90 of the Fish and Aquatic Life Code [ 515 ILCS 5/20-90], the Aquatic Life Approved Species List is established.  The following aquatic life categories will be considered approved for aquaculture, transportation, stocking, importation and/or possession in the State of Illinois.

1)         Amphibians

2)         Reptiles

3)         Crustaceans

4)         Mollusks

5)         Gastropods

6)         Fish

7)         Plants

b)         Any species not on the Aquatic Life Approved Species List as described in Section 870.10(a) may not be imported or possessed alive without a letter of authorization to import/possess such species, except saltwater species commonly used as seafood which will not survive in freshwater, such as lobsters, clams, mussels, and oysters.

c)         Any species listed as endangered or threatened pursuant to Section 8 of the Illinois Endangered Species Protection Act [520 ILCS 10/8] will be governed by Section 3 of the Illinois Endangered Species Protection Act [520 ILCS 10/3].  As aquatic species are listed endangered or threatened, permit holders will be notified.

d)         Copies of the Aquatic Life Approved Species List may be obtained free of charge by writing to:

Aquaculture Coordinator

Jake Wolf Memorial Fish Hatchery

25410 Fish Hatchery Road

Topeka IL 61567

e)         An Aquaculture Advisory Committee shall be formed to review requests to import/possess aquatic species not included on the Aquatic Life Approved Species List, and to recommend under what conditions species may be imported/possessed to the Chief of the Division of Fisheries.  The Committee shall be composed of representatives of:

1)         The Chiefs of the following divisions of the Department of Natural Resources:

A)        Fisheries (Chair);

B)        Wildlife;

C)        National Heritage;

D)        Law Enforcement.

2)         Should they agree to participate:

A)        The President of the Illinois Aquaculture Industry Association;

B)        The Chief of the Natural History Survey;

C)        The Aquaculture Coordinator, Department of Agriculture;

D)        The Director, Southern Illinois University Fisheries Research Laboratory;

E)         The Chief, Division of Food, Drugs and Dairies, Department of Public Health.

f)          The Chief of the Division of Fisheries shall consider the recommendations of the Aquaculture Advisory Committee prior to rendering final decisions regarding requests to import/possess species not included on the Aquatic Life Approved Species List.  The Aquaculture Advisory Committee's recommendations and the decisions of the Chief of the Division of Fisheries shall be based upon the potential detriment to the natural fishery resource.

(Source:  Amended at 27 Ill. Reg. 7741, effective April 21, 2003)