Section 875.50  Unlawful Acts/Penalties

a)         It shall be unlawful to:

1)         import VHS-susceptible species into the State of Illinois without a VHS-Susceptible Species Permit issued by the Department;

2)         stock VHS-susceptible species into waters of the State without securing permission from Department fish health authorities, or unless an FHIR is on file with the Department;

3)         remove live VHS-susceptible species from the waters where legally taken without first securing permission from Department fish health authorities, unless an FHIR is on file with the Department, or as provided in Section 875.30(d)(2), (6) and (7);

4)         remove natural water from waters of the State via bait bucket, livewell, baitwell, bilge, etc., or any other method without first securing permission from Department fish health authorities, unless an FHIR is on file with the Department, or as provided in Section 875.30(d)(2), (6) and (7);

5)         remove any watercraft, boat, boat trailer or other equipment from waters of the State without emptying and draining any bait bucket, livewell, baitwell, bilge, etc., or any other compartment capable of holding natural waters; and

6)         use wild-trapped fishes as bait within the State of Illinois, other than in the waters where they were legally taken.

b)        The Department may make exceptions to the unlawful acts listed in subsection (a) in writing for special circumstances (e.g., fishing special waters via contract, import or stocking facilities in process of gaining OIE facility-level certification, etc.) based upon the potential risk to the fishery resource of the State.

c)         Violation Classifications

1)         Violation of subsection (a)(1) is a Class A misdemeanor if the value of the aquatic life is $300 or less (see 515 ILCS 5/10-105 and 20-35), and a Class 3 felony if the value of the aquatic life is in excess of a total of $300 with intent to profit or for commercial purposes.  Possession of aquatic life valued in excess of $600 shall be considered prima facie evidence of possession for profit or commercial purposes. (See 515 ILCS 5/5-25.)

2)         Violation of subsection (a)(2) is a Class A misdemeanor (see 515 ILCS 5/10-100(b)) and violation of subsection (a)(3), (4), (5) or (6) is a Petty Offense (see 515 ILCS 5/1-150 and 20-35).

d)         Revocation/Suspension

1)         Any violations of the Fish and Aquatic Life Code or administrative rules of the Department may result in revocation of licenses and permits, as well as suspension of privileges for up to five years.

2)         Violation of any conditions of a permit issued under this Part shall result in cancellation of the permit.

(Source:  Amended at 39 Ill. Reg. 7690, effective May 18, 2015)