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Sen. Michael W. Halpin
Filed: 3/3/2026
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| 1 | | AMENDMENT TO SENATE BILL 3512
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3512 by replacing |
| 3 | | everything after the enacting clause with the following: |
| 4 | | "Section 5. The Fish and Aquatic Life Code is amended by |
| 5 | | changing Sections 1-10, 1-120, 5-25, 10-20, 10-25, 10-50, |
| 6 | | 10-70, 10-75, 10-95, 10-140, 10-150, 15-50, 15-60, 15-100, |
| 7 | | 15-120, 15-125, 15-130, 15-145, 20-5, 20-10, 20-45, 20-50, |
| 8 | | 20-90, 20-95, and 20-105 as follows: |
| 9 | | (515 ILCS 5/1-10) (from Ch. 56, par. 1-10) |
| 10 | | Sec. 1-10. Definitions. As used in this Code: Code, terms |
| 11 | | are defined according to the following Sections. |
| 12 | | "Administrative rule" means a regulatory measure issued by |
| 13 | | the Director under this Code. |
| 14 | | "Air rifle" means an air gun, air pistol, spring gun, gas |
| 15 | | gun, spring pistol, B-B gun, pellet gun, or any implement that |
| 16 | | is not a firearm and propels a singular globular projectile or |
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| 1 | | pellet constructed of steel, lead, or other hard materials by |
| 2 | | the use of compressed air, compressed gas, or spring power. |
| 3 | | "Angling methods" means the action of sport fishing by |
| 4 | | hook and line. |
| 5 | | "Aquatic life" means all fish, mollusks, crustaceans, |
| 6 | | algae, aquatic plants, aquatic invertebrates, and any other |
| 7 | | aquatic animals or plants that the Department identifies in |
| 8 | | administrative rules adopted after consultation with |
| 9 | | biologists, zoologists, or other wildlife experts. "Aquatic |
| 10 | | life" does not mean any herptiles that are found in the |
| 11 | | Herptiles-Herps Act. |
| 12 | | "Aquatic life farm" means property: (i) containing any or |
| 13 | | a combination of levee ponds, a strip mine lake, or other type |
| 14 | | of lake that has floating cages, raceways, or other aquatic |
| 15 | | life rearing equipment and (ii) where the owner of the aquatic |
| 16 | | life farm has posted a conspicuous written notice to that |
| 17 | | effect. If more than one person owns or has title to the lake, |
| 18 | | "aquatic life farm" means the area of the lake containing the |
| 19 | | floating cages, raceways, or other aquatic life rearing |
| 20 | | equipment. |
| 21 | | "Authorized employee" means all sworn members of the Law |
| 22 | | Enforcement Division and those specifically granted law |
| 23 | | enforcement authorization by the Director. |
| 24 | | "Blow gun" means a weapon, hunting, or fishing device |
| 25 | | consisting of a tube through which an arrow, dart, or |
| 26 | | projectile is propelled by force of the breath of a person. |
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| 1 | | "Combination license" means an electronic or physical |
| 2 | | license authorizing the person to take a certain type of fish |
| 3 | | or animal during a specified period of time. |
| 4 | | "Contraband" applies to all aquatic life or any part of |
| 5 | | aquatic life taken, bought, sold or bartered, shipped, or held |
| 6 | | in possession, or any conveyance, vehicle, watercraft, or |
| 7 | | other means of transportation whatever, except sealed railroad |
| 8 | | cars or other common carriers, used to transport or ship any |
| 9 | | part of aquatic life so taken, contrary to this Code, |
| 10 | | including administrative rules, or used to transport, contrary |
| 11 | | to this Code, including administrative rules, any of the |
| 12 | | previously specified species when taken illegally. |
| 13 | | "Daily limit" means the maximum amount of aquatic life |
| 14 | | that a properly licensed individual is permitted to take in |
| 15 | | any one day. |
| 16 | | "Department" means the Department of Natural Resources. |
| 17 | | "Director" means the Director of Natural Resources. |
| 18 | | "Dressed" means having the head removed. |
| 19 | | "Fishing" means taking or attempting to take aquatic life |
| 20 | | in any waters of the State, by any method, and all other acts |
| 21 | | such as placing, setting, drawing, or using any device |
| 22 | | commonly used for the taking of aquatic life whether resulting |
| 23 | | in taking or not. |
| 24 | | "Fishing license" means an electronic or physical license |
| 25 | | authorizing the person to take a certain type of fish during a |
| 26 | | specified period of time. |
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| 1 | | "Hybrid" means the offspring resulting from the |
| 2 | | crossbreeding of 2 different species. |
| 3 | | "Indigenous species" means those species of aquatic life |
| 4 | | specified by administrative rule. |
| 5 | | "Individual" means a natural person. |
| 6 | | "Inland trout stamp" means a special stamp issued by the |
| 7 | | Department authorizing taking or attempting to take trout in |
| 8 | | all waters except Lake Michigan. |
| 9 | | "Minnow" means any fish in the family Leuciscidae. |
| 10 | | "Mussel devices" includes any rake, fork, crow-foot bar, |
| 11 | | dredge, or air-breathing device described as follows: (i) rake |
| 12 | | or fork: any rake or fork with forks or tines used for |
| 13 | | collecting or assembling mussels; (ii) crow-foot bar: a bar of |
| 14 | | any material equipped with a series of hooks designed to take |
| 15 | | mussels by the insertion of the hooks between the shells of |
| 16 | | mussels; (iii) dredge: any hand-operated dredge with openings |
| 17 | | not larger than 2 feet in width used for taking mussels; and |
| 18 | | (iv) air-breathing device: any air-breathing apparatus that is |
| 19 | | attached to a diver and is used during the collecting of |
| 20 | | mussels. |
| 21 | | "Mussels" means any fresh water mussel or the shell of a |
| 22 | | mussel. |
| 23 | | "Person" includes the plural "persons", females as well as |
| 24 | | males, and shall extend and be applied to clubs, associations, |
| 25 | | corporations, firms, and partnerships as well as individuals. |
| 26 | | "Resident" means a person who in good faith makes |
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| 1 | | application for any license or permit and verifies by |
| 2 | | statement that he or she has maintained his or her permanent |
| 3 | | abode in this State for a period of at least 30 consecutive |
| 4 | | days immediately preceding the person's application, and who |
| 5 | | does not maintain permanent abode or claim residency in |
| 6 | | another state for the purposes of obtaining any of the same or |
| 7 | | similar licenses or permits covered by this Code. A person's |
| 8 | | permanent abode is his or her fixed and permanent dwelling |
| 9 | | place, as distinguished from a temporary or transient place of |
| 10 | | residence. Domiciliary intent is required to establish that |
| 11 | | the person is maintaining his or her permanent abode in this |
| 12 | | State. Evidence of domiciliary intent includes, but is not |
| 13 | | limited to, the location where the person votes, pays personal |
| 14 | | income tax, or obtains a driver's license. Except for the |
| 15 | | purposes of obtaining a lifetime license, any person on active |
| 16 | | duty in the Armed Forces shall be considered a resident of |
| 17 | | Illinois during his or her period of military duty. |
| 18 | | "Resident commercial fisherman" means an individual who |
| 19 | | has actually resided in Illinois for one year immediately |
| 20 | | preceding his or her application for a commercial fishing |
| 21 | | license and who does not claim residency for a commercial |
| 22 | | fishing license in another state or country. |
| 23 | | "Resident commercial musselor" means an individual who has |
| 24 | | actually resided in Illinois for one year immediately |
| 25 | | preceding his or her application for a commercial mussel |
| 26 | | license and who does not claim residency for a commercial |
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| 1 | | mussel license in another state or country. |
| 2 | | "Roe" means the eggs of fish that are whole and intact |
| 3 | | within the egg sac, whether within the body cavity of the fish |
| 4 | | or removed. "Roe" does not include eggs removed from the egg |
| 5 | | sac. |
| 6 | | "Roe-bearing species" means sturgeon, paddlefish, bowfin, |
| 7 | | and any other fish listed as such by the Department in an |
| 8 | | administrative rule. |
| 9 | | "Salmon" includes all the salmons and trouts. |
| 10 | | "Salmon stamp" means a special stamp issued by the |
| 11 | | Department authorizing taking or attempting to take salmon in |
| 12 | | Lake Michigan. |
| 13 | | "Sport fisherman" means an individual who uses or attempts |
| 14 | | to use sport fishing devices as stated in Sections 10-95, |
| 15 | | 10-110, and 10-140. |
| 16 | | "Take" means lure, kill, destroy, capture, gig or spear, |
| 17 | | trap or ensnare, or attempt to do so. |
| 18 | | "Taxidermy" means the art of preparing, preserving, and |
| 19 | | mounting the skins of fish, birds, or mammals to make them |
| 20 | | appear lifelike. |
| 21 | | "Transport" or "ship" means to convey by parcel post, |
| 22 | | express, freight, baggage, or shipment by common carrier of |
| 23 | | any description; by automobile, motorcycle, or other vehicle |
| 24 | | of any kind; by water or aircraft of any kind; or by any other |
| 25 | | means of transportation. |
| 26 | | (Source: P.A. 87-833.) |
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| 1 | | (515 ILCS 5/1-120) (from Ch. 56, par. 1-120) |
| 2 | | Sec. 1-120. Seasons; daily limits. The seasons during |
| 3 | | which protected aquatic life may be taken and the length size |
| 4 | | limits and daily catch limits set out in this Code are based |
| 5 | | upon a proper biological balance and shall be regulated by |
| 6 | | administrative rule. |
| 7 | | The Department may not provide for a longer season or a |
| 8 | | larger daily catch limit than is provided in this Code, except |
| 9 | | as provided by Section 1-150. |
| 10 | | The Department shall modify existing provisions, when |
| 11 | | necessary, including open seasons, length size limits, quotas, |
| 12 | | limited entry, and methods of taking fish from the waters of |
| 13 | | Lake Michigan under the jurisdiction of the State of Illinois, |
| 14 | | in order that the compact between the Canadian provinces and |
| 15 | | those States of the United States adjacent to the Great Lakes, |
| 16 | | including the United States and Canadian Governments, may be |
| 17 | | fulfilled in the best interests of the fisheries resources and |
| 18 | | the general public. |
| 19 | | Employees or agents of any federal, State, or municipal |
| 20 | | government or body, when engaged in investigative work, may by |
| 21 | | prior written approval of the Director be exempted from this |
| 22 | | Code. |
| 23 | | (Source: P.A. 87-833.) |
| 24 | | (515 ILCS 5/5-25) (from Ch. 56, par. 5-25) |
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| 1 | | Sec. 5-25. Value of protected species; violations. |
| 2 | | (a) Any person who, for profit or commercial purposes, |
| 3 | | knowingly captures or kills, possesses, offers for sale, |
| 4 | | sells, offers to barter, barters, offers to purchase, |
| 5 | | purchases, delivers for shipment, ships, exports, imports, |
| 6 | | causes to be shipped, exported, or imported, delivers for |
| 7 | | transportation, transports or causes to be transported, |
| 8 | | carries or causes to be carried, or receives for shipment, |
| 9 | | transportation, carriage, or export any aquatic life, or parts |
| 10 | | thereof, contrary to the provisions of the Code or |
| 11 | | administrative rule, and that aquatic life, in whole or in |
| 12 | | part, is valued at or in excess of a total of $300, as per |
| 13 | | species value specified in subsection (c) of this Section, |
| 14 | | commits a Class 3 felony. |
| 15 | | A person is guilty of a Class 4 felony if convicted under |
| 16 | | this Section for more than one violation within a 90-day |
| 17 | | period if the aquatic life involved in each violation are not |
| 18 | | valued at or in excess of $300 but the total value of the |
| 19 | | aquatic life involved with the multiple violations is at or in |
| 20 | | excess of $300. The prosecution for a Class 4 felony for these |
| 21 | | multiple violations must be alleged in a single charge or |
| 22 | | indictment and brought in a single prosecution. |
| 23 | | Any person who violates this subsection (a) when the total |
| 24 | | value of species is less than $300 commits a Class A |
| 25 | | misdemeanor except as otherwise provided. |
| 26 | | (b) Possession of aquatic life, in whole or in part, |
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| 1 | | captured or killed in violation of this Code, valued at or in |
| 2 | | excess of $600, as per species value specified in subsection |
| 3 | | (c) of this Section, shall be considered prima facie evidence |
| 4 | | of possession for profit or commercial purposes. |
| 5 | | (c) For purposes of this Section, the fair market value or |
| 6 | | replacement cost, whichever is greater, must be used to |
| 7 | | determine the value of the species, but in no case shall the |
| 8 | | minimum value of all aquatic life and their hybrids, whether |
| 9 | | dressed or not dressed, be less than the following: |
| 10 | | (1) For each muskellunge or muskellunge hybrid, |
| 11 | | northern pike, walleye or walleye hybrid, striped bass or |
| 12 | | striped bass hybrid, sauger, largemouth bass, smallmouth |
| 13 | | bass, spotted bass, trout (all species), salmon (all |
| 14 | | species other than chinook caught from August 1 through |
| 15 | | December 31), bowfin, paddlefish, and sturgeon (other than |
| 16 | | pallid or lake sturgeon) of a weight, dressed or not |
| 17 | | dressed, of one pound or more, $4 for each pound or |
| 18 | | fraction of a pound. For each individual fish with a |
| 19 | | dressed or not dressed weight of less than one pound, $4. |
| 20 | | For parts of fish processed past the dressed state, $8 per |
| 21 | | pound. |
| 22 | | (2) For each warmouth, rock bass, white bass, yellow |
| 23 | | bass, sunfish (all species except largemouth, smallmouth, |
| 24 | | and spotted bass), bluegill, crappie, bullheads, |
| 25 | | pickerels, yellow perch, catfish (all species), and |
| 26 | | mussels of a weight, dressed or not dressed, of one pound |
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| 1 | | or more, $4 for each pound or fraction of a pound of |
| 2 | | aquatic life. For each individual aquatic life with a |
| 3 | | dressed or not dressed weight of less than one pound, $4. |
| 4 | | For aquatic life parts processed past the dressed state, |
| 5 | | $8 per pound. |
| 6 | | (3) (Blank). |
| 7 | | (4) (Blank). |
| 8 | | (5) For goldeye, mooneye, carp, carpsuckers (all |
| 9 | | species), suckers (all species), redhorse (all species), |
| 10 | | buffalo (all species), freshwater drum, skipjack, shad |
| 11 | | (all species), alewife, smelt, gar, chinook salmon caught |
| 12 | | from August 1 through December 31, and all other aquatic |
| 13 | | life, not listed in this paragraph or paragraph paragraphs |
| 14 | | (1)or , (2), or (5) of this subsection (c) of this Section, |
| 15 | | $1 per pound, in part or in whole. |
| 16 | | (6) For each species listed on the federal or State |
| 17 | | endangered and threatened species list, and for lake and |
| 18 | | pallid sturgeon, $150 per animal in whole or in part. |
| 19 | | (Source: P.A. 102-368, eff. 1-1-22.) |
| 20 | | (515 ILCS 5/10-20) (from Ch. 56, par. 10-20) |
| 21 | | Sec. 10-20. Length Size limit; northern pike. All northern |
| 22 | | pike in the possession of any individual shall be not less than |
| 23 | | 24 inches in length, except that northern pike of any length |
| 24 | | size may be possessed that are taken in the waters of the |
| 25 | | Mississippi River. |
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| 1 | | (Source: P.A. 87-833.) |
| 2 | | (515 ILCS 5/10-25) (from Ch. 56, par. 10-25) |
| 3 | | Sec. 10-25. Daily limit; northern pike, sauger, and |
| 4 | | walleye. |
| 5 | | (a) Except as provided in subsections (b) and (c), all |
| 6 | | properly licensed individuals shall be permitted to take, in |
| 7 | | any one day, no more than 3 northern pike, 6 sauger, 6 or |
| 8 | | walleye or their hybrids, or 6 in the aggregate of sauger and |
| 9 | | walleye or their hybrids. |
| 10 | | (b) In the waters of the Mississippi River between Iowa |
| 11 | | and Illinois, all properly licensed individuals shall be |
| 12 | | permitted to take, in any one day, no more than 5 northern |
| 13 | | pike, 10 sauger or walleye, or 10 in the aggregate of sauger |
| 14 | | and walleye. |
| 15 | | (c) In the waters of the Mississippi River between |
| 16 | | Missouri and Illinois, all properly licensed individuals shall |
| 17 | | be permitted to take, in any one day, no more than one northern |
| 18 | | pike, 8 sauger or walleye, or 8 in the aggregate of sauger and |
| 19 | | walleye. |
| 20 | | (Source: P.A. 87-833.) |
| 21 | | (515 ILCS 5/10-50) (from Ch. 56, par. 10-50) |
| 22 | | Sec. 10-50. Length Size limit; trout and salmon. All |
| 23 | | rainbow trout, lake trout, brown trout, brook trout, Atlantic |
| 24 | | salmon, coho salmon, chinook salmon, pink salmon, or other |
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| 1 | | salmonids when taken or in the possession of a person after |
| 2 | | having been taken from the waters of Lake Michigan shall be not |
| 3 | | less than 10 inches in length. |
| 4 | | (Source: P.A. 87-833.) |
| 5 | | (515 ILCS 5/10-70) (from Ch. 56, par. 10-70) |
| 6 | | Sec. 10-70. Aquatic life included in daily limit. |
| 7 | | (a) Any aquatic life taken into actual possession, unless |
| 8 | | released unharmed immediately, shall be included in the daily |
| 9 | | limit of the person having so taken the aquatic life for the |
| 10 | | day when taken. |
| 11 | | (b) Fish released unharmed by participants in a bona fide |
| 12 | | catch-and-release fishing tournament, which requires the |
| 13 | | participants to have a boat live well with a pump constantly |
| 14 | | adding fresh or recirculating water, shall not be included in |
| 15 | | the daily limit. However, at no time may the daily limit be |
| 16 | | exceeded. |
| 17 | | (c) All individuals licensed under this Code are permitted |
| 18 | | to take on a daily basis no more than the daily limit of |
| 19 | | aquatic life that is established by this Code, including any |
| 20 | | limits established by administrative rule under this Code. |
| 21 | | (Source: P.A. 87-833; 88-3.) |
| 22 | | (515 ILCS 5/10-75) (from Ch. 56, par. 10-75) |
| 23 | | Sec. 10-75. Application of Article. This Article 10 shall |
| 24 | | apply only to aquatic life in waters and lands wholly or in |
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| 1 | | part within the boundaries of the State of Illinois. |
| 2 | | The provisions of Sections 10-5 through 10-75 are subject |
| 3 | | to modification by administrative rule. |
| 4 | | Aquatic life legally taken in and transported from other |
| 5 | | states or countries may be possessed within the State of |
| 6 | | Illinois, subject to the provisions of Sections 15-55 and |
| 7 | | 15-60 of this Code. |
| 8 | | Any aquatic life taken at any time except during an open |
| 9 | | season established under this Code, including administrative |
| 10 | | rules, or of a length size less than the minimum provided by |
| 11 | | this Code, including administrative rules, shall be |
| 12 | | immediately returned, without unnecessary injury, to the |
| 13 | | waters from which taken. |
| 14 | | (Source: P.A. 87-833.) |
| 15 | | (515 ILCS 5/10-95) (from Ch. 56, par. 10-95) |
| 16 | | Sec. 10-95. Number of hooks; untagged devices. Any |
| 17 | | individual possessing a valid sport fishing license may take |
| 18 | | aquatic life by hand, or may use pole and line, bank pole and |
| 19 | | line, throw line, trotline, buoyed ganging devices, or other |
| 20 | | legal devices not exceeding 50 hooks in the aggregate, |
| 21 | | however, any individual at any one time is allowed to use under |
| 22 | | his or her immediate control only 2 untagged sport fishing |
| 23 | | devices and any additional devices up to the aggregate of 50 |
| 24 | | hooks must be tagged with his or her name, and mailing address, |
| 25 | | and phone number. It shall be unlawful to sell or barter any |
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| 1 | | aquatic life or parts thereof taken by sport fishing devices. |
| 2 | | A dip net for non-commercial smelt fishing in Lake |
| 3 | | Michigan may be used subject to the provisions of Section |
| 4 | | 10-40. |
| 5 | | Dip nets that are subject to the provisions of Section |
| 6 | | 15-120 may be used to take carp, buffalo, carpsuckers, or shad |
| 7 | | for personal consumption. The taking of aquatic life with a |
| 8 | | dip net is not permitted within 100 feet of the base of any |
| 9 | | dam. |
| 10 | | Any sport fishing device, including trot line device, bank |
| 11 | | pole, and throw line or buoyed ganging devices, left |
| 12 | | unattended must be tagged with the name, and mailing address, |
| 13 | | and phone number of the operator. All required tags shall be in |
| 14 | | a position to be at all times exposed to public view. |
| 15 | | A sport fishing license permits the holder to seine for |
| 16 | | minnows, provided that minnows are not sold. The seine shall |
| 17 | | not be longer than 20 feet, deeper than 6 feet, or contain mesh |
| 18 | | larger than 1/2 inch bar measurement. |
| 19 | | (Source: P.A. 89-66, eff. 1-1-96.) |
| 20 | | (515 ILCS 5/10-140) (from Ch. 56, par. 10-140) |
| 21 | | Sec. 10-140. Seines Dip nets, minnow traps, casting nets, |
| 22 | | and shad scoops. |
| 23 | | (a) Any individual possessing a valid sport fishing |
| 24 | | license may use a seine, minnow trap dip net, casting net, or |
| 25 | | shad scoop to take certain species. The taking of aquatic life |
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| 1 | | with a seine, minnow trap dip net, casting net, or shad scoop |
| 2 | | shall not be permitted within 100 feet of the base of any dam. |
| 3 | | (b) Minnows, shad, common carp and crayfish may be taken |
| 4 | | with a seine for use as bait on the waterbody where taken Dip |
| 5 | | nets may be used to take carp, buffalo, carpsuckers, or shad |
| 6 | | for personal consumption. |
| 7 | | (c) Minnows and crayfish may be taken with a minnow trap |
| 8 | | for use as bait on the waterbody where taken. Any minnow trap |
| 9 | | left unattended must be tagged with the name, mailing address, |
| 10 | | and phone number of the operator. |
| 11 | | (d) (c) Bighead carp (Hypophthalmichthys nobilis), black |
| 12 | | carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon |
| 13 | | idella), and silver carp (Hypophthalmichthys molitrix) may be |
| 14 | | taken with a casting net or shad scoop and used for bait on the |
| 15 | | body of water where they are collected if they are killed |
| 16 | | immediately. |
| 17 | | (e) (d) Mooneye (Hiodon tergisus), goldeye (Hiodon |
| 18 | | alosoides), skipjack herring (Alosa chrysochloris), carp |
| 19 | | (other than bighead carp (Hypophthalmichthys nobilis), black |
| 20 | | carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon |
| 21 | | idella), and silver carp (Hypophthalmichthys molitrix)), and |
| 22 | | any other fish listed in Section 10-110 of this Code may be |
| 23 | | taken with a casting net or shad scoop and used for live or |
| 24 | | dead bait on the body of water where they are collected. |
| 25 | | (f) No seines shall be longer than 20 feet or deeper than 6 |
| 26 | | feet or contain mesh larger than 1/2 inch bar measurement. All |
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| 1 | | minnow traps shall not be more than 24 inches in width or |
| 2 | | diameter or 36 inches in length or shall use a mesh larger than |
| 3 | | 1/2 inch bar measurement. (e) All casting nets shall not be (1) |
| 4 | | larger than 24 feet in diameter or (2) of a mesh larger than 1 |
| 5 | | inch bar measurement. All shad scoops shall not be (1) larger |
| 6 | | than 30 inches in diameter, (2) of a mesh not larger than 1/2 |
| 7 | | inch bar measurement, or (3) longer than 4 feet in length. |
| 8 | | (g) (f) Fish taken by means listed in this Section shall |
| 9 | | not be sold or bartered. Except as otherwise provided by law, |
| 10 | | the taking of species other than those listed in this Section |
| 11 | | by sport fishing devices game fish by dip net without a |
| 12 | | commercial fishing license shall be a petty offense punishable |
| 13 | | by a minimum fine of $100, plus confiscation of illegally used |
| 14 | | equipment under Article 1 of this Code. |
| 15 | | (Source: P.A. 102-837, eff. 5-13-22.) |
| 16 | | (515 ILCS 5/10-150) |
| 17 | | Sec. 10-150. Fishing limits; private property. The limits |
| 18 | | established in this Article on the number and length size of |
| 19 | | fish a person may take in a day do not apply to a person |
| 20 | | fishing in waters wholly within his or her private property. |
| 21 | | (Source: P.A. 99-532, eff. 7-8-16.) |
| 22 | | (515 ILCS 5/15-50) (from Ch. 56, par. 15-50) |
| 23 | | Sec. 15-50. Regulation. Except as provided in Section |
| 24 | | 20-90 no person shall buy, sell or barter, or offer to buy, |
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| 1 | | sell or barter, nor shall any commercial institution or any |
| 2 | | regularly operated refrigerated storage establishment have in |
| 3 | | its possession, aquatic life protected by this Code except |
| 4 | | those species taken under the conditions and of the size or |
| 5 | | length described in Sections 15-55 and 15-60 and |
| 6 | | administrative rules pertaining to the taking of commercial |
| 7 | | fish or mussels. Any person who is found guilty of violating |
| 8 | | this Section shall be guilty of a Class A misdemeanor. |
| 9 | | (Source: P.A. 87-833.) |
| 10 | | (515 ILCS 5/15-60) (from Ch. 56, par. 15-60) |
| 11 | | Sec. 15-60. Legal length size; various species. When taken |
| 12 | | from waters wholly or in part within the boundaries of the |
| 13 | | State of Illinois, except from the Ohio River, the following |
| 14 | | species shall be not less in length size than provided in this |
| 15 | | Section: channel catfish, flathead catfish, blue catfish, or |
| 16 | | white catfish, 15 inches in length undressed or 12 inches in |
| 17 | | length dressed. |
| 18 | | (Source: P.A. 90-57, eff. 1-1-98.) |
| 19 | | (515 ILCS 5/15-100) (from Ch. 56, par. 15-100) |
| 20 | | Sec. 15-100. Length and mesh size of seine. Except as |
| 21 | | provided in Sections 20-5 through 20-25, any commercial |
| 22 | | fisherman as defined in this Code person may use a single seine |
| 23 | | not exceeding 100 yards in length of 1 1/2 inch bar |
| 24 | | measurement. In all seines over 100 yards in length it shall be |
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| 1 | | unlawful at any time to use any mesh less than 2 inch bar |
| 2 | | measurement except that all seines over 100 yards in length |
| 3 | | may have a section of the seine not more than 300 feet in |
| 4 | | length of 1 1/2 inch bar measurement. No seine shall be more |
| 5 | | than 1500 yards in length. If seines are more than 200 yards in |
| 6 | | length they must be operated with a backstop constructed of |
| 7 | | vertical slats not less than 1 1/4 inches apart or 3 inch bar |
| 8 | | measurement netting or of chicken wire or metallic cloths of |
| 9 | | not less than 1 1/2 inches square and shall not be dragged or |
| 10 | | otherwise operated in less than 2 feet of water. |
| 11 | | (Source: P.A. 87-833.) |
| 12 | | (515 ILCS 5/15-120) (from Ch. 56, par. 15-120) |
| 13 | | Sec. 15-120. Mesh size of dip nets. It shall be unlawful to |
| 14 | | use any dip net having a mesh less than 1 1/2 inches bar |
| 15 | | measurement or more than 15 feet in length, width, square or in |
| 16 | | diameter. |
| 17 | | (Source: P.A. 87-833.) |
| 18 | | (515 ILCS 5/15-125) (from Ch. 56, par. 15-125) |
| 19 | | Sec. 15-125. Live box or live net. All live boxes and live |
| 20 | | nets in which any aquatic life protected by this Code is held |
| 21 | | shall be plainly labeled with the name, and address, and phone |
| 22 | | number of the owner. |
| 23 | | (Source: P.A. 87-833.) |
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| 1 | | (515 ILCS 5/15-130) (from Ch. 56, par. 15-130) |
| 2 | | Sec. 15-130. Gill or trammel net. It shall be unlawful to |
| 3 | | use a gill or trammel net except in the Mississippi River, in |
| 4 | | the Ohio River, and in the Illinois River from its mouth up to |
| 5 | | the Illinois River bridge, Highway Route 89, including |
| 6 | | adjacent backwaters but not above the mouth of any stream, |
| 7 | | ditch, or tributary connected to these backwaters. No gill or |
| 8 | | trammel net shall be less than 100 feet in length. |
| 9 | | All gill or trammel nets that are set in any body of water |
| 10 | | shall be under the immediate supervision of the operator, who |
| 11 | | may be the licensee or his or her employee, except (i) from May |
| 12 | | 1 to September 30, (ii) when the nets are set under the ice, |
| 13 | | (iii) from sunset to sunrise, or (iv) as specified by |
| 14 | | administrative rule. Immediate supervision shall be defined as |
| 15 | | the operator being on the waters where the nets are set to be |
| 16 | | readily available to identify the nets to law enforcement |
| 17 | | officers empowered to enforce this Code. It shall be unlawful |
| 18 | | for any employee on any one day to lift or attend nets of more |
| 19 | | than one licensee. |
| 20 | | All gill or trammel nets set under the ice shall be at a |
| 21 | | distance of not less than 100 yards from any natural opening in |
| 22 | | the ice. |
| 23 | | A net shall be defined as a "trammel net" for the purposes |
| 24 | | of enforcing this Code if: (i) there are no less than 3 panels |
| 25 | | of mesh tied to a single float and lead line; (ii) the outer |
| 26 | | panels of mesh are constructed of a number 9 or larger diameter |
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| 1 | | twine; (iii) the outer panels of mesh are diamond shaped and no |
| 2 | | greater than 40 inch bar measure; and (iv) the inner panel of |
| 3 | | mesh is not less than 2 inches bar measure. |
| 4 | | A net shall be defined as a "gill net" for the purposes of |
| 5 | | enforcing this Code if it is constructed of a single panel of |
| 6 | | mesh that is not less than 3 inches bar measure that is tied to |
| 7 | | a single float and lead line. |
| 8 | | The Department may modify provisions of this Section as |
| 9 | | provided in Section 1-125 1-135. |
| 10 | | (Source: P.A. 102-724, eff. 1-1-23.) |
| 11 | | (515 ILCS 5/15-145) (from Ch. 56, par. 15-145) |
| 12 | | Sec. 15-145. Tagging commercial devices. It shall be the |
| 13 | | responsibility of each person licensed as a commercial |
| 14 | | fisherman or musselor to furnish and attach to each commercial |
| 15 | | device being used a metal tag inscribed with the name, and |
| 16 | | address, and phone number of the licensee. Absence of this |
| 17 | | tagging shall be prima facie evidence that the commercial |
| 18 | | fishing or mussel device or devices are illegally used and the |
| 19 | | devices shall be confiscated and disposed of as directed by |
| 20 | | the Department. |
| 21 | | (Source: P.A. 87-833.) |
| 22 | | (515 ILCS 5/20-5) (from Ch. 56, par. 20-5) |
| 23 | | Sec. 20-5. Necessity of license; exemptions. |
| 24 | | (a) Any person taking or attempting to take any fish, |
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| 1 | | including minnows for commercial purposes, turtles, mussels, |
| 2 | | crayfish, or frogs by any means whatever in any waters or lands |
| 3 | | wholly or in part within the jurisdiction of the State, |
| 4 | | including that part of Lake Michigan under the jurisdiction of |
| 5 | | this State, shall first obtain a license to do so, and shall do |
| 6 | | so only during the respective periods of the year when it shall |
| 7 | | be lawful as provided in this Code. Individuals under 16, |
| 8 | | blind residents or residents with a disability, or individuals |
| 9 | | fishing at fee fishing areas licensed by the Department, |
| 10 | | however, may fish with sport fishing devices without being |
| 11 | | required to have a license. For the purpose of this Section an |
| 12 | | individual is blind or has a disability if that individual has |
| 13 | | a Class 2 disability as defined in Section 4A of the Illinois |
| 14 | | Identification Card Act. For purposes of this Section an |
| 15 | | Illinois Person with a Disability Identification Card issued |
| 16 | | under the Illinois Identification Card Act indicating that the |
| 17 | | individual named on the card has a Class 2 disability shall be |
| 18 | | adequate documentation of a disability. |
| 19 | | (b) A courtesy non-resident sport fishing license or stamp |
| 20 | | may be issued at the discretion of the Director, without fee, |
| 21 | | to (i) any individual officially employed in the wildlife and |
| 22 | | fish or conservation department of another state or of the |
| 23 | | United States who is within the State to assist or consult or |
| 24 | | cooperate with the Director or (ii) the officials of other |
| 25 | | states, the United States, foreign countries, or officers or |
| 26 | | representatives of conservation organizations or publications |
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| 1 | | while in the State as guests of the Governor or Director. |
| 2 | | (c) The Director may issue special fishing permits without |
| 3 | | cost to groups of hospital patients or to individuals with |
| 4 | | disabilities for use on specified dates in connection with |
| 5 | | supervised fishing for therapy. |
| 6 | | (d) Veterans who, as certified by the United States |
| 7 | | Department of Veterans Affairs, are at least 10% disabled with |
| 8 | | service-related disabilities or in receipt of total disability |
| 9 | | pensions may fish with sport fishing devices during those |
| 10 | | periods of the year it is lawful to do so without being |
| 11 | | required to have a license, on the condition that their |
| 12 | | respective disabilities do not prevent them from fishing in a |
| 13 | | manner which is safe to themselves and others. |
| 14 | | (e) Each year the Director may designate a period, not to |
| 15 | | exceed 4 days in duration, when sport fishermen may fish |
| 16 | | waters wholly or in part within the jurisdiction of the State, |
| 17 | | including that part of Lake Michigan under the jurisdiction of |
| 18 | | the State, and not be required to obtain the license or stamp |
| 19 | | required by subsection (a) of this Section, Section 20-10, |
| 20 | | Section 20-11, or subsection (a) of Section 20-55. The term of |
| 21 | | any such period shall be established by administrative rule. |
| 22 | | This subsection shall not apply to commercial fishing. |
| 23 | | (f) The Director may issue special fishing permits without |
| 24 | | cost for a group event, restricted to specific dates and |
| 25 | | locations if it is determined by the Department that the event |
| 26 | | is beneficial in promoting sport fishing in Illinois. |
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| 1 | | (Source: P.A. 104-234, eff. 8-15-25; 104-435, eff. 11-21-25.) |
| 2 | | (515 ILCS 5/20-10) (from Ch. 56, par. 20-10) |
| 3 | | Sec. 20-10. Salmon stamp. Any individual taking or |
| 4 | | attempting to take salmon in Lake Michigan shall, in addition |
| 5 | | to any other license required by this Code, first obtain a |
| 6 | | salmon stamp authorized by the Department and affix it to his |
| 7 | | or her license. Individuals not required to obtain a license |
| 8 | | are not required to obtain a salmon stamp. |
| 9 | | (Source: P.A. 87-135; 87-833; 87-895; 88-91.) |
| 10 | | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45) |
| 11 | | Sec. 20-45. License fees for residents. Fees for licenses |
| 12 | | for residents of the State of Illinois shall be as follows: |
| 13 | | (a) Except as otherwise provided in this Section, for |
| 14 | | sport fishing devices as defined in Section 10-95 or |
| 15 | | spearing devices as defined in Section 10-110, the fee is |
| 16 | | $14.50 for individuals 16 to 64 years old, one-half of the |
| 17 | | current fishing license fee for individuals age 65 or |
| 18 | | older, and, commencing with the 2012 license year, |
| 19 | | one-half of the current fishing license fee for resident |
| 20 | | veterans of the United States Armed Forces after returning |
| 21 | | from service abroad or mobilization by the President of |
| 22 | | the United States as an active duty member of the United |
| 23 | | States Armed Forces, the Illinois National Guard, or the |
| 24 | | Reserves of the United States Armed Forces. Veterans must |
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| 1 | | provide to the Department acceptable verification of their |
| 2 | | service. The Department shall establish by administrative |
| 3 | | rule the procedure by which such verification of service |
| 4 | | shall be made to the Department for the purpose of issuing |
| 5 | | fishing licenses to resident veterans at a reduced fee. |
| 6 | | (a-3) Except as otherwise provided in this Section, |
| 7 | | for sport fishing devices as defined in Section 10-95 or |
| 8 | | spearing devices as defined in Section 10-110, residents |
| 9 | | of this State may obtain a 3-year fishing license. The fee |
| 10 | | for a 3-year fishing license is 3 times the annual fee. For |
| 11 | | residents age 65 or older, the fee is one half of the fee |
| 12 | | charged for a 3-year fishing license. For resident |
| 13 | | veterans of the United States Armed Forces after returning |
| 14 | | from service abroad or mobilization by the President of |
| 15 | | the United States, the fee is one-half of the fee charged |
| 16 | | for a 3-year fishing license. Veterans must provide to the |
| 17 | | Department, per administrative rule, verification of their |
| 18 | | service. The Department shall establish what constitutes |
| 19 | | suitable verification of service for the purpose of |
| 20 | | issuing 3-year fishing licenses to resident veterans at a |
| 21 | | reduced fee. |
| 22 | | (a-5) The fee for all sport fishing licenses shall be |
| 23 | | $1 for an annual license and 3 times the annual fee for a |
| 24 | | 3-year license for residents over 75 years of age. |
| 25 | | (b) All residents before using any commercial fishing |
| 26 | | device shall obtain a commercial fishing license, the fee |
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| 1 | | for which shall be $60, and a resident fishing license, |
| 2 | | the fee for which is $14.50. Each and every commercial |
| 3 | | device used shall be licensed by a resident commercial |
| 4 | | fisherman as follows: |
| 5 | | (1) For each 100 lineal yards, or fraction |
| 6 | | thereof, of seine the fee is $18. For each minnow |
| 7 | | seine, minnow trap, or net for commercial purposes the |
| 8 | | fee is $20. |
| 9 | | (2) For each device to fish with a 100 hook trot |
| 10 | | line device, basket trap, hoop net, or dip net the fee |
| 11 | | is $3. |
| 12 | | (3) When used in the waters of Lake Michigan, for |
| 13 | | the first 2000 lineal feet, or fraction thereof, of |
| 14 | | gill net the fee is $10; and for each 1000 additional |
| 15 | | lineal feet, or fraction thereof, the fee is $10. |
| 16 | | These fees shall apply to all gill nets in use in the |
| 17 | | water or on drying reels on the shore. |
| 18 | | (4) For each 100 lineal yards, or fraction |
| 19 | | thereof, of gill net or trammel net the fee is $18. |
| 20 | | (c) Residents of this State may obtain a sportsmen's |
| 21 | | combination license that shall entitle the holder to the |
| 22 | | same non-commercial fishing privileges as residents |
| 23 | | holding a license as described in subsection (a) of this |
| 24 | | Section and to the same hunting privileges as residents |
| 25 | | holding a license to hunt all species as described in |
| 26 | | Section 3.1 of the Wildlife Code. No sportsmen's |
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| 1 | | combination license shall be issued to any individual who |
| 2 | | would be ineligible for either the fishing or hunting |
| 3 | | license separately. The sportsmen's combination license |
| 4 | | fee shall be $25.50. For residents age 65 or older, the fee |
| 5 | | is one-half of the fee charged for a sportsmen's |
| 6 | | combination license. For resident veterans of the United |
| 7 | | States Armed Forces after returning from service abroad or |
| 8 | | mobilization by the President of the United States as an |
| 9 | | active duty member of the United States Armed Forces, the |
| 10 | | Illinois National Guard, or the Reserves of the United |
| 11 | | States Armed Forces, the fee, commencing with the 2012 |
| 12 | | license year, is one-half of the fee charged for a |
| 13 | | sportsmen's combination license. Veterans must provide to |
| 14 | | the Department acceptable verification of their service. |
| 15 | | The Department shall establish by administrative rule the |
| 16 | | procedure by which such verification of service shall be |
| 17 | | made to the Department for the purpose of issuing |
| 18 | | sportsmen's combination licenses to resident veterans at a |
| 19 | | reduced fee. |
| 20 | | (c-5) Residents of this State may obtain a 3-year |
| 21 | | sportsmen's combination license that shall entitle the |
| 22 | | holder to the same non-commercial fishing privileges as |
| 23 | | residents holding a license as described in subsection |
| 24 | | (a-3) and to the same hunting privileges as residents |
| 25 | | holding a license to hunt all species as described in |
| 26 | | Section 3.1 of the Wildlife Code. A 3-year sportsmen's |
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| 1 | | combination license shall not be issued to any individual |
| 2 | | who would be ineligible for either the fishing or hunting |
| 3 | | license separately. The 3-year sportsmen's combination |
| 4 | | license fee shall be 3 times the annual fee. For residents |
| 5 | | age 65 or older, the fee is one-half of the fee charged for |
| 6 | | a 3-year sportsmen's combination license. For resident |
| 7 | | veterans of the United States Armed Forces after returning |
| 8 | | from service abroad or mobilization by the President of |
| 9 | | the United States, the fee is one-half of the fee charged |
| 10 | | for a 3-year sportsmen's combination license. Veterans |
| 11 | | must provide to the Department, per administrative rule, |
| 12 | | verification of their service. The Department shall |
| 13 | | establish what constitutes suitable verification of |
| 14 | | service for the purpose of issuing 3-year sportsmen's |
| 15 | | combination licenses to resident veterans at a reduced |
| 16 | | fee. |
| 17 | | (d) For 24 hours of fishing by sport fishing devices |
| 18 | | as defined in Section 10-95 or by spearing devices as |
| 19 | | defined in Section 10-110 the fee is $5. This license does |
| 20 | | not exempt the licensee from the requirement for a salmon |
| 21 | | or inland trout stamp. The licenses provided for by this |
| 22 | | subsection are not required for residents of the State of |
| 23 | | Illinois who have obtained the license provided for in |
| 24 | | subsection (a) or (a-3) of this Section. |
| 25 | | (e) All residents before using any commercial mussel |
| 26 | | device shall obtain a commercial mussel license, the fee |
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| 1 | | for which shall be $50. |
| 2 | | (f) Residents of this State, upon establishing |
| 3 | | residency as required by the Department, may obtain a |
| 4 | | lifetime hunting or fishing license or lifetime |
| 5 | | sportsmen's combination license which shall entitle the |
| 6 | | holder to the same non-commercial fishing privileges as |
| 7 | | residents holding a license as described in subsection |
| 8 | | paragraph (a) of this Section and to the same hunting |
| 9 | | privileges as residents holding a license to hunt all |
| 10 | | species as described in Section 3.1 of the Wildlife Code, |
| 11 | | unless otherwise stated in this Section. No lifetime |
| 12 | | sportsmen's combination license shall be issued to or |
| 13 | | retained by any individual who would be ineligible for |
| 14 | | either the fishing or hunting license separately, either |
| 15 | | upon issuance, or in any year a violation would subject an |
| 16 | | individual to have either or both fishing or hunting |
| 17 | | privileges rescinded. The lifetime hunting and fishing |
| 18 | | license fees shall be as follows: |
| 19 | | (1) Lifetime fishing: 30 x the current fishing |
| 20 | | license fee. |
| 21 | | (2) Lifetime hunting: 30 x the current hunting |
| 22 | | license fee. |
| 23 | | (3) Lifetime sportsmen's combination license: 30 x |
| 24 | | the current sportsmen's combination license fee. |
| 25 | | Lifetime licenses shall not be refundable. A $10 fee shall |
| 26 | | be charged for reissuing any lifetime license. |
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| 1 | | Except in the case of the reissuance of a previously purchased |
| 2 | | lifetime license, the holder of a lifetime fishing or hunting |
| 3 | | license or a lifetime sportsmen's combination license that is |
| 4 | | purchased on or after January 1, 2027 must pay the |
| 5 | | corresponding resident or non-resident fee when purchasing any |
| 6 | | permits or stamps required by this Code or the Wildlife Code |
| 7 | | based on the license holder's current permanent abode at the |
| 8 | | time of purchasing the permit or stamp. If the lifetime |
| 9 | | license holder does not live in Illinois at the time of |
| 10 | | application for any lotteries, drawings, permits, or stamps |
| 11 | | that are issued or held pursuant to this Code, the Wildlife |
| 12 | | Code, or any administrative rules issued pursuant to this Code |
| 13 | | or the Wildlife Code, the lifetime license holder shall be |
| 14 | | considered a non-resident for purposes of all lotteries, |
| 15 | | drawings, permits, or stamps issued or held pursuant to this |
| 16 | | Code, the Wildlife Code, or any administrative rules issued |
| 17 | | pursuant to this Code or the Wildlife Code. |
| 18 | | The Department may establish rules and regulations for the |
| 19 | | issuance and use of lifetime licenses and may suspend or |
| 20 | | revoke any lifetime license issued under this Section for |
| 21 | | violations of those rules or regulations or other provisions |
| 22 | | under this Code or the Wildlife Code, or a violation of the |
| 23 | | United States Code that involves the taking, possessing, |
| 24 | | killing, harvesting, transportation, selling, exporting, or |
| 25 | | importing any fish or aquatic life protected by this Code or |
| 26 | | the taking, possessing, killing, harvesting, transportation, |
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| 1 | | selling, exporting, or importing any fauna protected by the |
| 2 | | Wildlife Code when any part of the United States Code |
| 3 | | violation occurred in Illinois. Individuals under 16 years of |
| 4 | | age who possess a lifetime hunting or sportsmen's combination |
| 5 | | license shall have in their possession, while in the field, a |
| 6 | | certificate of competency as required under Section 3.2 of the |
| 7 | | Wildlife Code. Any lifetime license issued under this Section |
| 8 | | shall not exempt individuals from obtaining additional stamps |
| 9 | | or permits required under the provisions of this Code or the |
| 10 | | Wildlife Code. Individuals required to purchase additional |
| 11 | | stamps shall sign the stamps and have them in their possession |
| 12 | | while fishing or hunting with a lifetime license. All fees |
| 13 | | received from the issuance of lifetime licenses shall be |
| 14 | | deposited in the Fish and Wildlife Endowment Fund. |
| 15 | | Except for licenses issued under subsection (e) of this |
| 16 | | Section, all licenses provided for in this Section shall |
| 17 | | expire on March 31 of each year, except that the license |
| 18 | | provided for in subsection (d) of this Section shall expire 24 |
| 19 | | hours after the effective date and time listed on the face of |
| 20 | | the license. Licenses issued under subsection (a-3) or (c-5) |
| 21 | | shall expire on March 31 of the 2nd year after the year in |
| 22 | | which the license is issued. |
| 23 | | The Department shall by administrative rule provide for |
| 24 | | the automatic renewal of a fishing license upon the request of |
| 25 | | the applicant. |
| 26 | | All individuals required to have and failing to have the |
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| 1 | | license provided for in subsection (a), (a-3), or (d) of this |
| 2 | | Section shall be fined according to the provisions of Section |
| 3 | | 20-35 of this Code. |
| 4 | | All individuals required to have and failing to have the |
| 5 | | licenses provided for in subsections (b) and (e) of this |
| 6 | | Section shall be guilty of a Class B misdemeanor. |
| 7 | | (g) For the purposes of this Section, "acceptable |
| 8 | | verification" means official documentation from the Department |
| 9 | | of Defense or the appropriate Major Command showing |
| 10 | | mobilization dates or service abroad dates, including: (i) a |
| 11 | | DD-214, (ii) a letter from the Illinois Department of Military |
| 12 | | Affairs for members of the Illinois National Guard, (iii) a |
| 13 | | letter from the Regional Reserve Command for members of the |
| 14 | | Armed Forces Reserve, (iv) a letter from the Major Command |
| 15 | | covering Illinois for active duty members, (v) personnel |
| 16 | | records for mobilized State employees, and (vi) any other |
| 17 | | documentation that the Department, by administrative rule, |
| 18 | | deems acceptable to establish dates of mobilization or service |
| 19 | | abroad. |
| 20 | | For the purposes of this Section, the term "service |
| 21 | | abroad" means active duty service outside of the 50 United |
| 22 | | States and the District of Columbia, and includes all active |
| 23 | | duty service in territories and possessions of the United |
| 24 | | States. |
| 25 | | (Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22; |
| 26 | | 103-154, eff. 6-30-23; 103-456, eff. 1-1-24; revised 7-3-25.) |
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| 1 | | (515 ILCS 5/20-50) (from Ch. 56, par. 20-50) |
| 2 | | Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp |
| 3 | | shall be $6 for both resident and non-resident licensees. The |
| 4 | | fee for a salmon stamp shall be waived for residents over 75 |
| 5 | | years of age. Every person shall sign the salmon stamp or affix |
| 6 | | the salmon stamp to his or her license. These stamps shall |
| 7 | | expire on March 31 of each year. All individuals required to |
| 8 | | have and failing to have a salmon stamp as provided in Section |
| 9 | | 20-10 of this Code shall be guilty of a petty offense. |
| 10 | | (Source: P.A. 98-800, eff. 8-1-14.) |
| 11 | | (515 ILCS 5/20-90) (from Ch. 56, par. 20-90) |
| 12 | | Sec. 20-90. Aquaculture permits. Any person who shall |
| 13 | | engage in the breeding, hatching, propagation, or raising of |
| 14 | | aquatic life, whether indigenous or non-indigenous to this |
| 15 | | State, shall first procure a permit from the Department to do |
| 16 | | so. Aquatic life specified, which is bred, hatched, propagated |
| 17 | | or raised by a person holding a permit as provided for in this |
| 18 | | Section, may be transported and sold for food or stocking |
| 19 | | purposes. Permittees who sell aquatic life propagated or |
| 20 | | raised under this permit are exempt from possessing a fish or |
| 21 | | minnow dealers license. |
| 22 | | Aquaculture permit holders shall maintain records of all |
| 23 | | aquatic life bought, sold or shipped. These records shall |
| 24 | | include the name and address of the buyer and seller, the |
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| 1 | | appropriate license or permit number of the buyer and seller, |
| 2 | | the date of the transaction, and the species, poundage, and |
| 3 | | origin of aquatic life involved. The records shall be kept for |
| 4 | | a minimum of 2 years from the date of the transaction and shall |
| 5 | | be made immediately available to authorized employees of the |
| 6 | | Department upon request. Records of the annual operations, as |
| 7 | | may be required by the Department, shall be forwarded to the |
| 8 | | Department upon request. |
| 9 | | Nothing in this Section shall be construed to give |
| 10 | | permittees authority to take aquatic life in their wild or |
| 11 | | natural state, contrary to other provisions of this Code, or |
| 12 | | to remove the permittee from responsibility for the observance |
| 13 | | of any federal, State, or local laws, rules, or regulations |
| 14 | | that may apply to the aquatic life. |
| 15 | | Aquaculture permit holders may harvest aquatic life on |
| 16 | | licensed aquaculture facilities with commercial fishing |
| 17 | | devices without obtaining any license for these devices. |
| 18 | | Before any person imports or receives live, non-indigenous |
| 19 | | aquatic life for aquaculture or stocking purposes in this |
| 20 | | State, permission must be obtained from the Department. |
| 21 | | Regulations governing non-indigenous aquatic life shall be |
| 22 | | covered by administrative rule. |
| 23 | | The annual fee for a permit under this Section shall be $50 |
| 24 | | and the permit shall expire on March 31 of each year. |
| 25 | | Any person who violates any provisions of this Section, |
| 26 | | including administrative rules relating to this Section, shall |
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| 1 | | be guilty of a business offense and fined not less than $1,000 |
| 2 | | and no more than $5,000. |
| 3 | | Permitted aquaculture facilities are exempt from length |
| 4 | | size, catch, and possession limits and seasons on aquatic life |
| 5 | | when harvested, sold, or transported, except when taken by |
| 6 | | sport fishing devices. |
| 7 | | All permits issued under this Section are valid only in |
| 8 | | the location described and designated in the application for |
| 9 | | such permit. |
| 10 | | (Source: P.A. 100-256, eff. 1-1-18.) |
| 11 | | (515 ILCS 5/20-95) (from Ch. 56, par. 20-95) |
| 12 | | Sec. 20-95. Daily fee fishing area. Any person owning, |
| 13 | | controlling, or operating a water area, including access to |
| 14 | | this water area, that is used for fishing by those either |
| 15 | | directly or indirectly paying a daily fee for fishing shall |
| 16 | | make application to the Department for a license as provided |
| 17 | | in this Section. Upon receipt of an application, the |
| 18 | | Department shall inspect the proposed licensed area described |
| 19 | | in the application, the size and number of water areas, source |
| 20 | | of fish for stocking, species of fish to be stocked and |
| 21 | | determine the ability of the applicant to properly supervise a |
| 22 | | property of this character. If the Department finds that (i) |
| 23 | | the area is suitable for the purpose intended, (ii) the |
| 24 | | operation of the property is not a menace or being established |
| 25 | | contrary to the laws of this State, (iii) the operations of the |
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| 1 | | fee fishing area will not work a fraud upon individuals |
| 2 | | utilizing the facilities, and (iv) the issuing of the license |
| 3 | | will be in the public interest, then the Department shall |
| 4 | | approve the application and issue a license to operate a |
| 5 | | "Daily Fee Fishing Area" as described in the application. |
| 6 | | The fee for a license issued under this Section shall be |
| 7 | | $50 annually, and the license shall expire on March 31 |
| 8 | | following its issuance. |
| 9 | | Records of the season's operations, as may be required by |
| 10 | | the Department, shall be forwarded to the Department by the |
| 11 | | licensee within 30 days after the expiration date of the |
| 12 | | license. |
| 13 | | The Department may refuse to issue, refuse to renew, |
| 14 | | suspend, or revoke any license issued under this Section if |
| 15 | | the Department finds that the licensed area or its operator is |
| 16 | | not in compliance with this Section. The Department, unless |
| 17 | | authorized pursuant to Section 20-105, however, shall not |
| 18 | | refuse to issue or renew, or suspend or revoke, any license for |
| 19 | | any cause other than the protection of public health and |
| 20 | | safety or if the area is operated unlawfully, unless the |
| 21 | | licensee affected is given at least 15 days' days notice, in |
| 22 | | writing, of the reasons for the action of the Department and |
| 23 | | given an opportunity to appear before the Department or its |
| 24 | | representative in opposition to the action of the Department. |
| 25 | | The Department shall adopt administrative rules establishing |
| 26 | | revocation and suspension procedures. |
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| 1 | | (Source: P.A. 100-256, eff. 1-1-18.) |
| 2 | | (515 ILCS 5/20-105) (from Ch. 56, par. 20-105) |
| 3 | | Sec. 20-105. Revocation and suspension; refusal to issue. |
| 4 | | (a) Whenever a license or permit is issued to any person |
| 5 | | under this Code and its holder pleads guilty, is found guilty, |
| 6 | | or receives court supervision for: (1) of any |
| 7 | | misrepresentation in obtaining the license or permit; (2) or |
| 8 | | of a violation of Section 48-3 of the Criminal Code of 2012; |
| 9 | | (3) or a violation of any of the provisions of this Code, |
| 10 | | including administrative rules; or (4) , or a violation of the |
| 11 | | United States Code that involves the taking, possessing, |
| 12 | | killing, harvesting, transportation, selling, exporting, or |
| 13 | | importing any aquatic life protected by this Code when any |
| 14 | | part of the United States Code violation occurred in Illinois, |
| 15 | | the license or permit may be revoked by the Department and the |
| 16 | | Department may refuse to issue any permit or license to that |
| 17 | | person and may suspend the person from engaging in the |
| 18 | | activity requiring the permit or license for a period of time |
| 19 | | as established by administrative rule, unless otherwise |
| 20 | | specified in this Act not to exceed 5 years following the |
| 21 | | revocation. Department revocation or suspension procedures |
| 22 | | procedure shall be established by administrative rule. |
| 23 | | (b) Whenever any person who has not been issued a license |
| 24 | | or a permit under the provisions of this Code pleads guilty to, |
| 25 | | is found guilty of, or receives court supervision for any of |
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| 1 | | the following: (1) a violation of Section 48-3 of the Criminal |
| 2 | | Code of 2012; (2) or a violation of the provisions of this |
| 3 | | Code, including administrative rules; or (3) , or a violation |
| 4 | | of the United States Code that involves the taking, |
| 5 | | possessing, killing, harvesting, transportation, selling, |
| 6 | | exporting, or importing any aquatic life protected by this |
| 7 | | Code when any part of the United States Code violation |
| 8 | | occurred in Illinois, the Department may refuse to issue any |
| 9 | | permit or license to that person, and suspend that person from |
| 10 | | engaging in the activity requiring the permit or license for a |
| 11 | | period of time as established by administrative rule, unless |
| 12 | | otherwise specified in this Act not to exceed 5 years. |
| 13 | | (c) Any person who knowingly or intentionally violates any |
| 14 | | of the provisions of this Code, including administrative |
| 15 | | rules, during the 5 years following the revocation of his or |
| 16 | | her license or permit under subsection (a) or during the time |
| 17 | | he is suspended under subsection (b), shall be guilty of a |
| 18 | | Class A misdemeanor as provided in Section 20-35. The |
| 19 | | penalties for a violation of Section 48-3 of the Criminal Code |
| 20 | | of 2012 shall be as provided in that Section. |
| 21 | | (d) A person whose license or permit to engage in any |
| 22 | | activity regulated by this Code has been suspended or revoked |
| 23 | | may not, during the period of the suspension or revocation or |
| 24 | | until obtaining such a license or permit, (i) be in the company |
| 25 | | of any person engaging in the activity covered by the |
| 26 | | suspension or revocation or (ii) serve as a guide, outfitter, |
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| 1 | | or facilitator for a person who is engaged or prepared to |
| 2 | | engage in the activity covered by the suspension or |
| 3 | | revocation. |
| 4 | | (e) No person may be issued or obtain a license or permit |
| 5 | | or engage in any activity regulated by this Code during the |
| 6 | | time that the person's privilege to engage in the same or |
| 7 | | similar activities is suspended or revoked by another state, |
| 8 | | by a federal agency, or by a province of Canada. |
| 9 | | (f) Any person whose license, stamps, permits, or any |
| 10 | | other privilege issued by the Department has been suspended or |
| 11 | | revoked shall immediately return proof of such privileges to |
| 12 | | the Department. The Department, or any law enforcement entity, |
| 13 | | is authorized to take possession of any proof of privileges. |
| 14 | | Any person failing to comply with this subsection by |
| 15 | | possessing a suspended or revoked license, stamp, or permit |
| 16 | | issued by the Department after having received written notice |
| 17 | | from the Department or any other State agency or department of |
| 18 | | such suspension or revocation is guilty of a Class A |
| 19 | | misdemeanor. |
| 20 | | (g) The Department shall suspend the privileges of any |
| 21 | | person who pleads guilty, is found guilty, or receives court |
| 22 | | supervision for a violation of Section 20-95. The Department |
| 23 | | may refuse to issue, refuse to renew, suspend, or revoke any |
| 24 | | license issued under Section 20-95 if the Department finds |
| 25 | | that the licensed area or its operator is not in compliance |
| 26 | | with Section 20-95. The Department, however, shall not |
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| 1 | | suspend, revoke, or refuse to issue or renew any license |
| 2 | | issued under Section 20-95 for any cause other than the |
| 3 | | protection of public health and safety or, if the area is |
| 4 | | operated unlawfully, unless the licensee affected is given at |
| 5 | | least 15 days' notice, in writing, of the reasons for the |
| 6 | | action of the Department and given an opportunity to appear |
| 7 | | before the Department or its representative in opposition to |
| 8 | | the action of the Department. |
| 9 | | (h) The Department shall not reinstate any fishing |
| 10 | | privileges that were suspended or revoked under this Code |
| 11 | | while that person still owes any court-ordered fines, fees, |
| 12 | | penalties, or any reinstatement fee issued by the Department |
| 13 | | under the Department of Natural Resources (Conservation) Law |
| 14 | | of the Civil Administrative Code of Illinois. |
| 15 | | (Source: P.A. 102-837, eff. 5-13-22; 103-456, eff. 1-1-24.) |
| 16 | | (515 ILCS 5/1-15 rep.) |
| 17 | | (515 ILCS 5/1-17 rep.) |
| 18 | | (515 ILCS 5/1-18 rep.) |
| 19 | | (515 ILCS 5/1-20 rep.) |
| 20 | | (515 ILCS 5/1-20.5 rep.) |
| 21 | | (515 ILCS 5/1-25 rep.) |
| 22 | | (515 ILCS 5/1-26 rep.) |
| 23 | | (515 ILCS 5/1-27 rep.) |
| 24 | | (515 ILCS 5/1-30 rep.) |
| 25 | | (515 ILCS 5/1-35 rep.) |
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| 1 | | (515 ILCS 5/1-40 rep.) |
| 2 | | (515 ILCS 5/1-45 rep.) |
| 3 | | (515 ILCS 5/1-50 rep.) |
| 4 | | (515 ILCS 5/1-51 rep.) |
| 5 | | (515 ILCS 5/1-53 rep.) |
| 6 | | (515 ILCS 5/1-55 rep.) |
| 7 | | (515 ILCS 5/1-60 rep.) |
| 8 | | (515 ILCS 5/1-65 rep.) |
| 9 | | (515 ILCS 5/1-70 rep.) |
| 10 | | (515 ILCS 5/1-75 rep.) |
| 11 | | (515 ILCS 5/1-80 rep.) |
| 12 | | (515 ILCS 5/1-85 rep.) |
| 13 | | (515 ILCS 5/1-90 rep.) |
| 14 | | (515 ILCS 5/1-91 rep.) |
| 15 | | (515 ILCS 5/1-95 rep.) |
| 16 | | (515 ILCS 5/1-100 rep.) |
| 17 | | (515 ILCS 5/1-103 rep.) |
| 18 | | (515 ILCS 5/1-105 rep.) |
| 19 | | (515 ILCS 5/1-110 rep.) |
| 20 | | (515 ILCS 5/1-115 rep.) |
| 21 | | (515 ILCS 5/1-116 rep.) |
| 22 | | (515 ILCS 5/1-117 rep.) |
| 23 | | Section 10. The Fish and Aquatic Life Code is amended by |
| 24 | | repealing Sections 1-15, 1-17, 1-18, 1-20, 1-20.5, 1-25, 1-26, |
| 25 | | 1-27, 1-30, 1-35, 1-40, 1-45, 1-50, 1-51, 1-53, 1-55, 1-60, |
| 26 | | 1-65, 1-70, 1-75, 1-80, 1-85, 1-90, 1-91, 1-95, 1-100, 1-103, |