Full Text of HB1181 94th General Assembly
HB1181enr 94TH GENERAL ASSEMBLY
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HB1181 Enrolled |
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| AN ACT concerning fish and aquatic life.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fish and Aquatic Life Code is amended by | 5 |
| changing Sections 1-55, 1-125, 10-100, 20-35, and 20-70 and by | 6 |
| adding Section 1-53 as follows: | 7 |
| (515 ILCS 5/1-53 new)
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| Sec. 1-53. Indigenous species. "Indigenous species" means | 9 |
| those species of aquatic life specified by administrative rule.
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| (515 ILCS 5/1-55) (from Ch. 56, par. 1-55)
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| Sec. 1-55. Minnow. "Minnow" means any fish in the family | 12 |
| Cyprinidae
except common carp (Cyprinus carpio),
and goldfish | 13 |
| (Carassius auratus), and Asian carp [bighead carp | 14 |
| (Hypophthalmichthys nobilis), black carp (Mylopharyngodon | 15 |
| piceus), grass carp (Ctenopharyngodon idella), and silver carp | 16 |
| (Hypophthalmichthys molotrix)] .
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| (Source: P.A. 87-833.)
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| (515 ILCS 5/1-125) (from Ch. 56, par. 1-125)
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| Sec. 1-125. Administrative rules. The Department is | 20 |
| authorized to issue
administrative rules for carrying out, | 21 |
| administering, and enforcing the
provisions of this Code. The | 22 |
| administrative rules shall be promulgated in
accordance with | 23 |
| the Illinois Administrative Procedure Act.
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| Rules, after becoming effective, shall be enforced in the | 25 |
| same manner as
are any other provisions of this Code. It is | 26 |
| unlawful for any person to violate any provision of any | 27 |
| administrative rule promulgated by the Department. Violators | 28 |
| of administrative rules
are subject to the penalties set out in | 29 |
| this Code.
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| (Source: P.A. 89-66, eff. 1-1-96.)
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| (515 ILCS 5/10-100) (from Ch. 56, par. 10-100)
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| Sec. 10-100. Release of aquatic life. | 3 |
| (a) It shall be unlawful to
release any aquatic life
into | 4 |
| the wild in
waters of this State without first securing | 5 |
| permission of the
Department to do so, except that the owner of | 6 |
| a body of water may release
aquatic life indigenous to the | 7 |
| State of Illinois into waters wholly upon his or her property | 8 |
| that are
indigenous to the
State of Illinois . The Department | 9 |
| shall have the authority to promulgate
necessary rules and | 10 |
| regulations, under the Illinois Administrative
Procedure Act, | 11 |
| regulating the possession, transportation, and shipping of
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| aquatic life not indigenous to the State of Illinois. All | 13 |
| aquatic life may be
immediately returned unharmed
released into | 14 |
| waters from where
which they were taken.
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| (b) It is unlawful to possess, transport, or release any | 16 |
| live specimen or viable gametes of any species listed as | 17 |
| injurious by administrative rule, unless authorized by that | 18 |
| rule. A violation of this subsection (b) is a Class A | 19 |
| misdemeanor.
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| (Source: P.A. 89-66, eff. 1-1-96.)
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| (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
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| Sec. 20-35. Offenses.
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| (a) Except as prescribed in Section 5-25 and unless | 24 |
| otherwise provided in
this Code, any person who is found guilty | 25 |
| of violating any of the provisions
of this Code, including | 26 |
| administrative rules, is guilty of a petty offense.
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| Any person who violates any of the provisions of Section | 28 |
| 5-20, 10-5,
10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, | 29 |
| 10-60, 10-70, 10-75, 10-95,
10-115, 10-135, 15-5, 15-10, 15-15, | 30 |
| 15-20, 15-30, 15-32, 15-40, 15-45, 15-55,
15-60, 15-65, 15-75, | 31 |
| 15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110,
15-115, | 32 |
| 15-120, 15-130, 15-140, 20-70, 20-75, 20-80, 20-85, 25-10, | 33 |
| 25-15, or
25-20 of this Code, including administrative rules | 34 |
| relating to those Sections,
is guilty of a Class B misdemeanor.
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| Any person who violates any of the provisions of Section | 2 |
| 1-200, 1-205,
10-55, 10-80, 10-100(b), 15-35, or 20-120 of this | 3 |
| Code, including administrative rules
relating to those | 4 |
| Sections, is guilty of a Class A misdemeanor.
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| Any person who violates any of the provisions of this Code, | 6 |
| including
administrative rules, during the 5 years following | 7 |
| the revocation of his or
her license, permit, or privileges | 8 |
| under Section 20-105 is guilty of a Class
A misdemeanor.
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| Any person who violates Section 5-25 of this Code, | 10 |
| including administrative
rules, is guilty of a Class 3 felony.
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| (b)(1) It is unlawful for any person to take or attempt to | 12 |
| take aquatic
life from any aquatic life farm except with the | 13 |
| consent of the owner of the
aquatic life farm. Any person | 14 |
| possessing fishing tackle on the premises of an
aquatic life | 15 |
| farm is presumed to be fishing. The presumption may be rebutted
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| by clear and convincing evidence. All fishing tackle, | 17 |
| apparatus, and vehicles
used in the violation of this | 18 |
| subsection (b) shall be confiscated by the
arresting officer. | 19 |
| Except as otherwise provided in this subsection, the
seizure | 20 |
| and confiscation procedures set forth in Section 1-215 of this | 21 |
| Code
shall apply. If the confiscated property is determined by | 22 |
| the circuit court
to have been used in the violation of this | 23 |
| subsection (b), the confiscated
property shall be sold at | 24 |
| public auction by the county sheriff of the county
where the | 25 |
| violation occurred. The proceeds of the sale shall be deposited | 26 |
| in
the county general fund; provided that the auction may be | 27 |
| stayed by an
appropriate court order.
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| (2) A violation of paragraph (1) of this subsection (b) is | 29 |
| a Class A
misdemeanor for a first offense and a Class 4 felony | 30 |
| for a second or subsequent
offense.
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| (c)(1) It is unlawful for any person to trespass or fish on | 32 |
| an aquatic life
farm located on a strip mine lake or other body | 33 |
| of water used for aquatic life
farming operations, or within a | 34 |
| 200 foot buffer zone surrounding cages or
netpens that are | 35 |
| clearly delineated by buoys of a posted aquatic life farm, by
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| swimming, scuba diving, or snorkeling in, around, or under the |
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| aquatic life
farm or by operating a watercraft over, around, or | 2 |
| in the aquatic life farm
without the consent of the owner of | 3 |
| the aquatic life farm.
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| (2) A violation of paragraph (1) of this subsection (c) is | 5 |
| a Class B
misdemeanor for a first offense and a Class A | 6 |
| misdemeanor for a second or
subsequent offense. All fishing | 7 |
| tackle, apparatus, and watercraft used in a
second or | 8 |
| subsequent violation of this subsection (c) shall be | 9 |
| confiscated by
the arresting officer. Except as otherwise | 10 |
| provided in this subsection, the
seizure and confiscation | 11 |
| procedures set forth in Section 1-215 of this Code
shall apply. | 12 |
| If the confiscated property is determined by the circuit court
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| to have been used in a violation of this subsection (c), the | 14 |
| confiscated
property shall be sold at public auction by the | 15 |
| county sheriff of the county
where the violation occurred. The | 16 |
| proceeds of the sale shall be deposited
in the county general | 17 |
| fund; provided that the auction may be stayed by an
appropriate | 18 |
| court order.
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| (d) Offenses committed by minors under the direct control | 20 |
| or with the
consent of a parent or guardian may subject the | 21 |
| parent or guardian to the
penalties prescribed in this Section | 22 |
| or as otherwise provided in this Code.
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| (e) In addition to any fines imposed under this Section, or | 24 |
| as otherwise
provided in this Code, any person found guilty of | 25 |
| unlawfully taking or
possessing any aquatic life protected by | 26 |
| this Code shall be assessed a
civil penalty for that aquatic | 27 |
| life in accordance with the values
prescribed in Section 5-25 | 28 |
| of this Code. This civil penalty shall be
imposed at the time | 29 |
| of the conviction by the Circuit Court for the county
where the | 30 |
| offense was committed. Except as otherwise provided for in
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| subsections (b) and (c) of this Section, all penalties provided | 32 |
| for in this
Section shall be remitted to the Department in | 33 |
| accordance with the provisions
of Section 1-180 of this Code.
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| (Source: P.A. 92-385, eff. 8-16-01; 92-513, eff. 6-1-02; | 35 |
| 92-651, eff.
7-11-02.)
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HB1181 Enrolled |
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| (515 ILCS 5/20-70) (from Ch. 56, par. 20-70)
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| Sec. 20-70. Non-resident and resident aquatic life
fish
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| dealers. Non-resident
and resident aquatic life
fish dealers | 4 |
| shall maintain records of all fish and other
aquatic life | 5 |
| bought, sold, or shipped in Illinois. These records shall
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| include the name of the seller and the species and poundage of | 7 |
| the fish or
aquatic life involved. The records shall be kept | 8 |
| for a minimum of one year
from the date of the transaction and | 9 |
| shall be made immediately available to
authorized employees of | 10 |
| the Department upon request.
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| (a) Non-resident aquatic life
fish dealers. Any person not | 12 |
| a resident
of Illinois who sells or ships to other wholesalers, | 13 |
| retailers, or
consumers any of the aquatic life protected by | 14 |
| this Code, whether from
waters within or without the State is a | 15 |
| non-resident aquatic life
fish dealer within
the meaning of | 16 |
| this Code.
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| All licenses issued to non-resident aquatic life
fish
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| dealers are valid only in
the location described and designated | 19 |
| in the application for the
license. Wholesalers may deliver | 20 |
| their products by truck or common
carrier of any type but must | 21 |
| possess a separate license for each truck
from which aquatic | 22 |
| life are being sold if business is solicited
from the
trucks.
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| Application for a non-resident aquatic life
fish dealer's | 24 |
| license shall be made to
and upon forms furnished by the | 25 |
| Department and shall be in the form as the
Department may | 26 |
| prescribe. The annual fee for a non-resident aquatic life
fish
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| dealer's
license shall be $100. All non-resident aquatic life
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| fish dealer licenses shall expire
on January 31 of each year.
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| Non-residents purchasing aquatic life
fish in Illinois for | 30 |
| sale solely outside
the State are exempt from possessing an | 31 |
| aquatic life
a fish dealer's license if
purchases are made from | 32 |
| a licensed resident wholesale or retail aquatic life
fish
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| dealer.
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| (b) Resident aquatic life
fish dealer's licenses. Any | 35 |
| person conducting a fish market
or buying, selling, or shipping | 36 |
| any aquatic life (except minnows) protected
by this Code, |
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| whether from waters within or without the State, shall first
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| procure a license from the Department to do so, including any | 3 |
| commercial
fisherman selling live fish for stocking only. Any | 4 |
| commercial fisherman
person selling fish
legally caught or | 5 |
| taken by themselves to a resident licensed wholesale aquatic | 6 |
| life
fish
dealer, however, is exempt from the provisions of | 7 |
| this Section.
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| (1) Wholesale aquatic life
fish dealer's license.
Any | 9 |
| resident of this State who, within the State of Illinois,
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| conducts a wholesale fish market or who sells or ships to | 11 |
| any
other wholesaler, retailer, or other commercial | 12 |
| institution aquatic
life indigenous to this State (except | 13 |
| minnows) and protected by this
Code, whether from waters | 14 |
| within or without the State, is a
resident wholesale | 15 |
| aquatic life
fish dealer in the meaning of this Code.
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| This provision, however, does not apply to minnows or | 17 |
| saltwater species commonly used as seafood that will not | 18 |
| survive in freshwater, such as lobsters, clams, mussels, | 19 |
| and oysters.
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| All licenses issued to resident wholesale aquatic life
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| fish dealers are valid only
in the location described and | 22 |
| designated in the application for license.
Wholesale | 23 |
| aquatic life
fish dealers may deliver their products by | 24 |
| truck or other common
carrier but must possess a separate | 25 |
| license for each truck from which aquatic
life is being | 26 |
| sold if business is solicited from the truck. Applications | 27 |
| for
resident wholesale aquatic life
fish dealer's licenses | 28 |
| shall be made to and upon forms
furnished by the | 29 |
| Department, which shall be in the form as the Department
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| may prescribe. The annual license fee for each wholesale | 31 |
| aquatic life
fish dealer's
license is $50. All wholesale | 32 |
| aquatic life
fish dealer's licenses shall expire on
January | 33 |
| 31 of each year.
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| (2) Retail aquatic life
fish dealer's license. Any | 35 |
| resident of the State of
Illinois who, within the State of | 36 |
| Illinois, conducts a retail fish market
where he or she |
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HB1181 Enrolled |
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| sells or offers for sale any
aquatic life indigenous to | 2 |
| this State (except minnows) and protected by
this Code, | 3 |
| whether from waters from within or without the State, is a
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| retail aquatic life
fish dealer in the meaning of this | 5 |
| Code.
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| This provision, however, does not apply to minnows or | 7 |
| saltwater species commonly used as seafood that will not | 8 |
| survive in freshwater, such as lobsters, clams, mussels, | 9 |
| and oysters.
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| All licenses issued to resident aquatic life
fish
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| dealers are valid only in the
location described and | 12 |
| designated in the application for the license.
Retailers | 13 |
| may deliver their products by truck or other common carrier | 14 |
| but
must possess a separate license for each truck from | 15 |
| which aquatic life is being
sold if business is solicited | 16 |
| from the truck.
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| Applications for resident retail aquatic life
fish
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| dealer's licenses shall be made
to and upon forms furnished | 19 |
| by the Department, which shall be in the form
the | 20 |
| Department may prescribe. The annual license for each | 21 |
| resident retail
aquatic life
fish dealer's license is $10. | 22 |
| All these licenses shall expire on January 31
of each year.
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| (3) Separate licenses. A license shall be procured for | 24 |
| each separate
fish market or place of business operated by | 25 |
| any wholesale or retail aquatic life
fish
dealer, whether a | 26 |
| resident or non-resident, and for each vehicle from which
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| aquatic life is sold. All licenses shall be conspicuously | 28 |
| displayed at all
times.
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| (c) The Department may adopt administrative rules | 30 |
| pertaining to non-resident and resident aquatic life dealers. | 31 |
| Any person who violates any provision of this Section 20-70, or | 32 |
| related administrative rule, is guilty of a Class B | 33 |
| misdemeanor.
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| (Source: P.A. 89-66, eff. 1-1-96.)
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