Illinois General Assembly - Full Text of HB5543
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Full Text of HB5543  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. C.D. Davidsmeyer


515 ILCS 5/15-105  from Ch. 56, par. 15-105
515 ILCS 5/15-130  from Ch. 56, par. 15-130

    Amends the Fish and Aquatic Life Code. Allows commercial fishermen to obstruct more than one-half the width of any stream or watercourse under specified circumstances. Specifies requirements for commercial fishermen who are unable to be in immediate supervision of his or her gill and trammel nets. Defines "trammel net" and "gill net". Makes conforming changes

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HB5543LRB101 19064 CMG 68524 b

1    AN ACT concerning fish.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 15-105 and 15-130 as follows:
6    (515 ILCS 5/15-105)  (from Ch. 56, par. 15-105)
7    Sec. 15-105. Devices near spillways, fishways, lakes, and
9    (a) Except as otherwise provided in subsection (b), it It
10shall be unlawful to use or operate any commercial devices
11within 300 yards above or below all spillways, fishways, or
12locks or dams of any type or in a manner that obstructs more
13than one-half the width of any stream or watercourse.
14    (b) A commercial fisherman may obstruct more than one-half
15the width of any stream or watercourse if: (i) the commercial
16fisherman is within sight of his or her gear and available to
17prevent boaters from contacting his or her nets; and (ii) the
18commercial fisherman places at least 2 fluorescent orange buoys
19that are at least 2 feet in diameter on the opposite side of
20the net from which the commercial fisherman is working to warn
21boaters of the presence of the commercial fisherman's nets.
22(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
3use a gill or trammel net except in the Mississippi River, in
4the Ohio River, and in the Illinois River from its mouth up to
5the Illinois River bridge, Highway Route 89, including adjacent
6backwaters but not above the mouth of any stream, ditch, or
7tributary connected to these backwaters. No trammel net used
8under this Section shall have meshes less than 2 inches bar
9measurement and no gill net used under this Section shall have
10meshes less than 4 inches bar measurement. No gill or trammel
11net shall be less than 100 feet in length.
12    All gill or trammel nets that are set in any body of water
13shall be under the immediate supervision of the operator, who
14may be the licensee or his or her employee, except (i) from May
151 to September 30, (ii) when the nets are set under the ice,
16(iii) from sunset to sunrise, or (iv) as specified by
17administrative rule. Immediate supervision shall be defined as
18the operator being on the waters where the nets are set to be
19readily available to identify the nets to law enforcement
20officers empowered to enforce this Code. It shall be unlawful
21for any employee on any one day to lift or attend nets of more
22than one licensee.
23    A commercial fisherman that is not able to be in immediate
24supervision of his or her gill and trammel nets will be allowed
25to identify his or her net with a florescent orange buoy that
26is no less than 2 feet in diameter with his or her name and



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1phone number legibly printed or inscribed on the buoy. Any law
2enforcement officer that encounters a net marked in this
3manner, and cannot reach the fisherman that owns the net by
4phone or text message within 30 minutes, shall consider the
5device unattended.
6    All gill or trammel nets set under the ice shall be at a
7distance of not less than 100 yards from any natural opening in
8the ice.
9    A net shall be defined as a "trammel net" for the purposes
10of enforcing this Code if: (i) there are no less than 3 panels
11of mesh tied to a single float and lead line; (ii) the outer
12panels of mesh are constructed of a number 9 or larger diameter
13twine; (iii) the outer panels of mesh are diamond shaped and no
14greater than 40 inch bar measure; and (iv) the inner panel of
15mesh is not less than 2 inches bar measure.
16    A net shall be defined as a "gill net" for the purposes of
17enforcing this Code if it is constructed of a single panel of
18mesh that is not less than 3 inches bar measure that is tied to
19a single float and lead line.
20    The Department may modify provisions of this Section as
21provided in Section 1-135.
22(Source: P.A. 95-147, eff. 8-14-07.)