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| | HB1650 Enrolled | | LRB098 05801 MRW 35840 b |
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| 1 | | AN ACT concerning fish.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Fish and Aquatic Life Code is amended by |
| 5 | | changing Sections 15-5 and 15-15 and by adding Section 15-155 |
| 6 | | as follows:
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| 7 | | (515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
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| 8 | | Sec. 15-5. Commercial fisherman; license requirement.
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| 9 | | (a) A "commercial fisherman" is defined as any individual |
| 10 | | who uses any
of the commercial fishing devices as defined by |
| 11 | | this Code for the taking of
any aquatic life, except mussels, |
| 12 | | protected by the terms of this Code.
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| 13 | | (b) All commercial fishermen shall have a commercial |
| 14 | | fishing license.
In addition to a commercial fishing license, a |
| 15 | | commercial fisherman shall also obtain a sport fishing license. |
| 16 | | All individuals assisting a licensed commercial fisherman in |
| 17 | | taking aquatic
life, except mussels, from any waters of the |
| 18 | | State must have a commercial
fishing license unless these |
| 19 | | individuals are under the direct supervision
of and aboard the |
| 20 | | same watercraft as the licensed commercial fisherman. An |
| 21 | | individual assisting a licensed commercial fisherman must |
| 22 | | first obtain a sport fishing license.
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| 23 | | (c) A "Lake Michigan commercial fisherman" is defined as an |
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| 1 | | individual
who resides in this State or an Illinois corporation |
| 2 | | who uses any of the
commercial fishing devices as defined by |
| 3 | | this Code for the taking of aquatic
life, except mussels, |
| 4 | | protected by the terms of this Code.
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| 5 | | (d) For purposes of this Section, an act or omission that |
| 6 | | constitutes
a violation committed by an officer, employee, or |
| 7 | | agent of a corporation
shall be deemed the act or omission of |
| 8 | | the corporation.
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| 9 | | (Source: P.A. 87-833.)
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| 10 | | (515 ILCS 5/15-15) (from Ch. 56, par. 15-15)
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| 11 | | Sec. 15-15. Commercial fishing devices. "Commercial |
| 12 | | fishing
devices" for the purposes of this Code are defined as |
| 13 | | follows:
buoyed gangings, set gangings, bank pole and line, |
| 14 | | throw line
or trot line having more than 50 hooks, seine, |
| 15 | | pocket seine,
otter trawl, dip net, throw net, gill net, |
| 16 | | trammel net, basket
trap, hoop net, wing net, pound net, trap |
| 17 | | net, any watercraft used as a primary collection device, and |
| 18 | | any and
all other devices considered as commercial devices by |
| 19 | | the
Department when used in the taking of any aquatic life, |
| 20 | | except
mussels, protected by the terms of this Code.
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| 21 | | (Source: P.A. 87-833.)
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| 22 | | (515 ILCS 5/15-155 new) |
| 23 | | Sec. 15-155. Watercraft used as a primary collection device |
| 24 | | for commercial fishes. Any person licensed as a commercial |
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| 1 | | fisherman who wishes to use their watercraft as a primary |
| 2 | | collection device for commercial fishes must first obtain a |
| 3 | | commercial watercraft device tag. All watercraft used as a |
| 4 | | primary collection device must be legally licensed by the State |
| 5 | | and be in compliance with all Coast Guard boating regulations. |
| 6 | | This Section does not apply to any person taking Asian Carp by |
| 7 | | the aid of a boat for non-commercial purposes.
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