Full Text of HB5869 98th General Assembly
HB5869 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5869 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED: |
| 515 ILCS 5/10-105 | from Ch. 56, par. 10-105 |
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Amends the Fish and Aquatic Life Code. Provides that an individual who knowingly imports any nuisance organism into this State is guilty of a Class C misdemeanor or a fine not exceeding $1,500 per organism imported, with a maximum fine not exceeding $25,000. Defines "nuisance organism" as a nonnative aquatic organism that will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native or naturalized fish and other organisms.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning fish.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fish and Aquatic Life Code is amended by | 5 | | changing Section 10-105 as follows:
| 6 | | (515 ILCS 5/10-105) (from Ch. 56, par. 10-105)
| 7 | | Sec. 10-105. Fish importation permits. Live fish, viable | 8 | | fish eggs, or
viable sperm of any species or hybrid of salmon | 9 | | or trout may be imported
into the State only by the holder of a | 10 | | fish importation permit and other
required State permits. | 11 | | Importation permits shall be issued at no charge to
a person | 12 | | who has applied on a Department special permit form, no less | 13 | | than
15 days nor more than 30 days before shipment, provided | 14 | | that the shipment
is not considered detrimental to the fishery | 15 | | resource of the State.
| 16 | | An importation permit shall be issued only if the source | 17 | | hatchery is
inspected and found free of those diseases | 18 | | designated by administrative
rule of the Department, or any | 19 | | other diseases, that may be detrimental to
the fishery resource | 20 | | of the State. Inspections may be carried out only by
persons | 21 | | recognized by the Department as competent in the diagnosis of | 22 | | fish
diseases. An importation permit may be granted by the | 23 | | Department for
extended periods of up to 6 months from the date |
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| 1 | | the source hatchery is
certified as being disease free. A | 2 | | permit may be cancelled upon the
diagnosis of a disease at the | 3 | | source hatchery that may be detrimental to
the fishery resource | 4 | | of the State. A letter of disease free certification,
including | 5 | | date of examination, must be provided by the applicant.
| 6 | | A copy of the fish importation permit shall accompany | 7 | | shipment. Fish,
eggs, or viable sperm imported under this | 8 | | permit are subject to inspection
by employees of the Department | 9 | | and may include taking samples for
biological examination. | 10 | | Shipment of live fish, viable fish eggs, or viable
sperm of | 11 | | salmon or trout into the State without a fish importation | 12 | | permit
shall be considered detrimental to the fishery resource | 13 | | and shall be seized
and disposed of by means found suitable to | 14 | | the Department.
| 15 | | This Section does not apply to salmon or trout in transit | 16 | | through the State
that will not be released from their original | 17 | | containers.
| 18 | | Failure to comply with this Section is grounds for | 19 | | revocation of the
aquaculture permit or fish dealers license, | 20 | | or both.
| 21 | | In addition to any other penalty provided under law, an | 22 | | individual who knowingly imports any nuisance organism into | 23 | | this State is guilty of a Class C misdemeanor or a fine not | 24 | | exceeding $1,500 per organism imported, with a maximum fine not | 25 | | exceeding $25,000. As used in this Section, "nuisance organism" | 26 | | means a nonnative aquatic organism that will foreseeably alter |
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| 1 | | and threaten to harm the ecosystem or the abundance and | 2 | | diversity of native or naturalized fish and other organisms. | 3 | | (Source: P.A. 87-833.)
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