Section 860.20  Salvage and Relocation Operations

a)         Aquatic life shall be taken by a person possessing a valid sport fishing license, commercial fishing license, combination hunting and fishing license or scientific collector's permit.

b)         The method for taking fish will be prescribed by the Department based upon site conditions, public use, and species to be salvaged.  Methods for taking fish shall include, but not be limited to, pole and line, hand capture, seining, netting and spearing.

c)         No size limits or daily catch limits shall apply during salvage or relocation.

d)         Only commercial species of protected aquatic life (defined by 17 Ill. Adm. Code 830) taken under imperiled conditions may be offered for sale or barter.

e)         The method for relocating aquatic life will be prescribed by the Department based upon site conditions, public use and species relocated.  Methods for taking mussels shall include, but not limited to, hand capture, dredge and crow foot bar.

f)         In the event that threatened or endangered mussel species are found during the relocation procedure, construction operations shall cease immediately and the incidental take process will commence (see 17 Ill. Adm. Code 1080).

g)         A report of all aquatic life salvaged and relocated from a construction impact area, as authorized by this rule, shall be submitted to the Fisheries Division within 45 days following the event.  An extension to the 45 days may be granted by the Department upon request.  The report shall include the date, project purpose, species, number of individuals, collection method, collection site and habitat type.

(Source:  Amended at 41 Ill. Reg. 4126, effective March 24, 2017)