Illinois General Assembly - Full Text of SB1878
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Full Text of SB1878  102nd General Assembly




SB1878 EnrolledLRB102 17234 KMF 22695 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 Section 5-25 as follows:
6    (515 ILCS 5/5-25)  (from Ch. 56, par. 5-25)
7    Sec. 5-25. Value of protected species; violations.
8    (a) Any person who, for profit or commercial purposes,
9knowingly captures or kills, possesses, offers for sale,
10sells, offers to barter, barters, offers to purchase,
11purchases, delivers for shipment, ships, exports, imports,
12causes to be shipped, exported, or imported, delivers for
13transportation, transports or causes to be transported,
14carries or causes to be carried, or receives for shipment,
15transportation, carriage, or export any aquatic life, or parts
16thereof, in part or in whole of any of the species protected by
17this Code, contrary to the provisions of the Code or
18administrative rule, and that aquatic life, in whole or in
19part, is valued at or in excess of a total of $300, as per
20species value specified in subsection (c) of this Section,
21commits a Class 3 felony.
22    A person is guilty of a Class 4 felony if convicted under
23this Section for more than one violation within a 90-day



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1period if the aquatic life involved in each violation are not
2valued at or in excess of $300 but the total value of the
3aquatic life involved with the multiple violations is at or in
4excess of $300. The prosecution for a Class 4 felony for these
5multiple violations must be alleged in a single charge or
6indictment and brought in a single prosecution.
7    Any person who violates this subsection (a) when the total
8value of species is less than $300 commits a Class A
9misdemeanor except as otherwise provided.
10    (b) Possession of aquatic life, in whole or in part,
11captured or killed in violation of this Code, valued at or in
12excess of $600, as per species value specified in subsection
13(c) of this Section, shall be considered prima facie evidence
14of possession for profit or commercial purposes.
15    (c) For purposes of this Section, the fair market value or
16replacement cost, whichever is greater, must be used to
17determine the value of the species protected by this Code, but
18in no case shall the minimum value of all aquatic life and
19their hybrids protected by this Code, whether dressed or not
20dressed, be less than the following:
21        (1) For each muskellunge, northern pike, walleye,
22    striped bass, sauger, largemouth bass, smallmouth bass,
23    spotted bass, trout (all species), salmon (all species
24    other than chinook caught from August 1 through December
25    31), bowfin, paddlefish, and sturgeon (other than pallid
26    or lake sturgeon) of a weight, dressed or not dressed, of



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1    one pound or more, $4 for each pound or fraction of a
2    pound. For each individual fish with a dressed or not
3    dressed weight of less than one pound, $4. For parts of
4    fish processed past the dressed state, $8 per pound.
5        (2) For each warmouth, rock bass, white bass, yellow
6    bass, sunfish (all species except largemouth, smallmouth,
7    and spotted bass), bluegill, crappie, bullheads,
8    pickerels, yellow perch, catfish (all species), and
9    mussels of a weight, dressed or not dressed, of one pound
10    or more, $4 for each pound or fraction of a pound of
11    aquatic life. For each individual aquatic life with a
12    dressed or not dressed weight of less than one pound, $4.
13    For aquatic life parts processed past the dressed state,
14    $8 per pound.
15        (3) (Blank).
16        (4) (Blank).
17        (5) For goldeye, mooneye, carp, carpsuckers (all
18    species), suckers (all species), redhorse (all species),
19    buffalo (all species), freshwater drum, skipjack, shad
20    (all species), alewife, smelt, gar, bowfin, chinook salmon
21    caught from August 1 through December 31, and all other
22    aquatic life protected by this Code, not listed in
23    paragraphs (1), (2), or (5) of subsection (c) of this
24    Section, $1 per pound, in part or in whole.
25        (6) For each species listed on the federal or State
26    endangered and threatened species list, and for lake and



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1    pallid sturgeon, $150 per animal in whole or in part.
2(Source: P.A. 98-752, eff. 1-1-15.)