Section 870.40  Aquaculture Operational Rules

a)         Permit holders must request a letter of authorization from the Aquaculture Coordinator for each additional species not on the Aquatic Life Approved Species List they wish to import or possess and that is not listed on their original permit application (see Section 870.10(e)).

b)         A letter of authorization from the Department shall be required for each aquatic life species that does not appear on the Aquatic Life Approved Species List.  The letter shall be attached to the permit and shall be available for inspection upon request (see Section 870.10(e)).

c)         In the event that an aquaculturist possessing aquatic life not on the Aquatic Life Approved Species List goes out of business or possesses the aquatic life contrary to the Fish and Aquatic Life Code, the Department shall determine disposition of such aquatic life as deemed necessary, based upon the potential detriment to the aquatic resource.

d)         Permit holders or their heirs or assigns possessing aquatic life not on the Aquatic Life Approved Species List, who cease operation for whatever reason, are required to notify the Department in writing within 30 days after their cessation of business.

e)         When the permit holder who possesses aquatic life not on the Aquatic Life Approved Species List ceases doing business voluntarily or involuntarily, his or her permit expires at the cessation of business. Heirs, assigns or new owners must apply for an aquaculture permit.

f)          Records shall be maintained as required in Sections 20-90 and 20-125 of the Fish and Aquatic Life Code  [515 ILCS 5/20-90 and 20-125].

g)         All aquaculture permit holders shall submit to the Department, on forms provided by the Department, by January 31 of each year, an annual report providing information on the previous calendar year's activity for aquatic life bought, sold or shipped.  The information required on this annual report shall include:

1)         name, address and license number of buyer;

2)         name, address and license number of seller;

3)         transaction date;

4)         species;

5)         number of pounds;

6)         origin;

7)         price paid per pound (optional); and

8)         any other information (e.g., receipt number, carrier type, etc.) as required by the Department on the form.

h)         Failure of the aquaculture permit holder to submit the required reports in the manner and time frame specified shall be grounds for refusal by the Department to issue to those individuals a license for the following year until all required reports are received and approved by the Department.

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