Section 810.80  Emergency Protective Procedures

a)         Emergency procedures will be utilized to protect the sport fisheries resources of the State and the general health, safety and welfare of the general public under the following criteria:

1)         Conditions

A)        When data analysis based upon biological surveys demonstrates that one or more fish species in a fishery is likely to suffer severe deleterious effects due to angling pressure without the procedure; or

B)        When the Department identifies a water of the State where a fish kill (manmade, natural, or unknown origin) occurs and determines that fishing or the removal of a dead and decaying aquatic life resulting from these conditions poses a threat to public health or safety.

2)         The information upon which the procedure is based was not available prior to the time frame required for normal rulemaking procedures.

3)         The emergency procedure must have the approval of the Chief, Division of Fisheries.

b)         Emergency procedures will be posted on the Department's website: www.dnr.illinois.gov and at all lake road entrances, boat launching ramps or other heavily used bank fishing areas.  A news release explaining the emergency procedures will be given to relevant State agencies, local emergency management agencies and local news media (television, newspaper, radio) prior to the effective date.  These procedures will remain in effect until the Director of the Department of Natural Resources determines that the relevant conditions listed in Section 810.80(a)(1)(A) and (B) are mitigated.  Rescission of the emergency procedures shall be posted on the Department's website and announced to local news media.  Emergency procedures that will remain in effect longer than 7 days will result in the Department filing an emergency rule.

(Source:  Amended at 37 Ill. Reg. 6658, effective May 1, 2013)