(515 ILCS 5/Art. 1 heading) ARTICLE 1.
GENERAL PROVISIONS
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(515 ILCS 5/1-1) (from Ch. 56, par. 1-1)
Sec. 1-1.
Short title.
This Code may be cited as the Fish and Aquatic Life Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-5) (from Ch. 56, par. 1-5)
Sec. 1-5.
Administrative agency.
This Code shall be administered by and
under the direction of the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(515 ILCS 5/1-10) (from Ch. 56, par. 1-10)
Sec. 1-10.
Definitions.
As used in this Code, terms are defined according
to the following Sections.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-15) (from Ch. 56, par. 1-15)
Sec. 1-15.
Administrative rule.
"Administrative rule" means a regulatory
measure issued by the Director under this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-17) Sec. 1-17. Air rifle. "Air rifle" means an air gun, air pistol, spring gun, gas gun, spring pistol, B-B gun, pellet gun, or any implement that is not a firearm and propels a singular globular projectile or pellet constructed of steel, lead, or other hard materials by the use of compressed air, compressed gas, or spring power.
(Source: P.A. 102-837, eff. 5-13-22.) |
(515 ILCS 5/1-18) Sec. 1-18. Angling methods. "Angling methods" means the action of sport fishing by hook and line.
(Source: P.A. 102-837, eff. 5-13-22.) |
(515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
Sec. 1-20. Aquatic life. "Aquatic life" means all
fish, mollusks, crustaceans, algae, aquatic
plants, aquatic invertebrates, and any other aquatic animals or plants that the Department identifies in rules adopted after consultation with biologists, zoologists, or other wildlife experts. "Aquatic life" does not mean any herptiles that are found in the Herptiles-Herps Act.
(Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(515 ILCS 5/1-20.5)
Sec. 1-20.5.
Aquatic life farm.
"Aquatic life farm" means property: (i)
containing any or a combination of levee ponds, a strip mine lake, or other
type of lake that has floating cages, raceways, or other aquatic life rearing
equipment and (ii) where the owner of the aquatic life farm has posted a
conspicuous written notice to that effect. If more than one person owns or has
title
to the lake, "aquatic life farm" means the area of the lake containing the
floating cages, raceways, or other aquatic life rearing equipment.
(Source: P.A. 92-513, eff. 6-1-02.)
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(515 ILCS 5/1-25) (from Ch. 56, par. 1-25)
Sec. 1-25.
Authorized employee.
"Authorized employee" means all sworn
members of the Law Enforcement Division and those specifically granted law
enforcement authorization by the Director.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-26) Sec. 1-26. Blow gun. "Blow gun" means a weapon, hunting, or fishing device consisting of a tube through which an arrow, dart, or projectile is propelled by force of the breath of a person.
(Source: P.A. 102-837, eff. 5-13-22.) |
(515 ILCS 5/1-27) Sec. 1-27. Combination license. "Combination license" means an electronic or physical license authorizing the person to take a certain type of fish or animal during a specified period of time.
(Source: P.A. 100-703, eff. 8-3-18.) |
(515 ILCS 5/1-30) (from Ch. 56, par. 1-30)
Sec. 1-30.
Contraband.
"Contraband" applies to all aquatic
life or any part of aquatic life taken, bought, sold or bartered,
shipped, or held in possession, or any conveyance, vehicle,
watercraft, or other means of transportation whatever, except
sealed railroad cars or other common carriers, used to transport
or ship any part of aquatic life so taken, contrary to this Code,
including administrative rules, or used to transport, contrary to
this Code, including administrative rules, any of the previously
specified species when taken illegally.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-35) (from Ch. 56, par. 1-35)
Sec. 1-35.
Department.
"Department" means the Department of Natural
Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(515 ILCS 5/1-40) (from Ch. 56, par. 1-40)
Sec. 1-40.
Director.
"Director" means the Director of the Department
of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(515 ILCS 5/1-45) (from Ch. 56, par. 1-45)
Sec. 1-45.
Dressed.
"Dressed" means having the head removed.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-50) (from Ch. 56, par. 1-50)
Sec. 1-50.
Fishing.
"Fishing" means taking or attempting to take
aquatic life in any waters of the State, by any method, and all other acts
such as placing, setting, drawing, or using any device commonly used for
the taking of aquatic life whether resulting in taking or not.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-51) Sec. 1-51. Fishing license. "Fishing license" means an electronic or physical license authorizing the person to take a certain type of fish during a specified period of time.
(Source: P.A. 100-703, eff. 8-3-18.) |
(515 ILCS 5/1-53)
Sec. 1-53. Indigenous species. "Indigenous species" means those species of aquatic life specified by administrative rule.
(Source: P.A. 94-592, eff. 1-1-06.) |
(515 ILCS 5/1-55) (from Ch. 56, par. 1-55)
Sec. 1-55. Minnow. "Minnow" means any fish in the family Cyprinidae
except common carp (Cyprinus carpio), goldfish (Carassius auratus), and Asian carp [bighead carp (Hypophthalmichthys nobilis), black carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon idella), and silver carp (Hypophthalmichthys molotrix)].
(Source: P.A. 94-592, eff. 1-1-06.)
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(515 ILCS 5/1-60) (from Ch. 56, par. 1-60)
Sec. 1-60.
Mussel devices.
"Mussel devices" includes any rake, fork,
crow-foot bar, dredge, or air breathing device described as follows: (i)
rake or fork: any rake or fork with forks or tines used for collecting or
assembling mussels; (ii) crow-foot bar: a bar of any material equipped with
a series of hooks designed to take mussels by the insertion of the hooks
between the shells of mussels; (iii) dredge: any hand operated dredge with
openings not larger than 2 feet in width used for taking mussels; and (iv)
air breathing device: any air breathing apparatus that is attached to a
diver and is used during the collecting of mussels.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-65) (from Ch. 56, par. 1-65)
Sec. 1-65.
Mussels.
"Mussels" means and embraces any fresh water mussel
or the shell of a mussel.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-70) (from Ch. 56, par. 1-70)
Sec. 1-70.
Person.
"Person" includes the plural "persons", females as
well as males, and shall extend and be applied to clubs, associations,
corporations, firms, and partnerships as well as individuals.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-75) (from Ch. 56, par. 1-75)
Sec. 1-75. Resident. "Resident" means a person who in good faith makes
application for any license or permit and verifies by statement that he or
she has maintained his or her permanent abode in this State for a period of at least 30 consecutive days immediately preceding the person's application, and who does not maintain permanent abode or claim residency in another state for the purposes of obtaining any of the same or similar licenses or permits covered by this Code. A person's permanent abode is his or her fixed and permanent dwelling place, as distinguished from a temporary or transient place of residence. Domiciliary intent is required to establish that the person is maintaining his or her permanent abode in this State. Evidence of domiciliary intent includes, but is not limited to, the location where the person votes, pays personal income tax, or obtains a drivers license. Except for the purposes of obtaining a Lifetime License, any person on
active duty in the Armed Forces shall be considered a resident of Illinois
during his or her period of military duty.
(Source: P.A. 94-10, eff. 6-7-05.)
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(515 ILCS 5/1-80) (from Ch. 56, par. 1-80)
Sec. 1-80.
Resident commercial fisherman.
"Resident commercial
fisherman" means an individual who has actually resided in Illinois for one
year immediately preceding his or her application for a commercial fishing
license and who does not claim residency for a commercial fishing license
in another state or country.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-85) (from Ch. 56, par. 1-85)
Sec. 1-85.
Salmon.
"Salmon" includes all the salmons and trouts.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-90) (from Ch. 56, par. 1-90)
Sec. 1-90.
Salmon stamp.
"Salmon stamp" means a special stamp issued by
the Department authorizing taking or attempting to take salmon in Lake
Michigan.
(Source: P.A. 87-833; 88-91.)
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(515 ILCS 5/1-91)
Sec. 1-91.
Inland trout stamp.
"Inland trout stamp" means a special stamp
issued by the Department authorizing taking or attempting to take trout in all
waters except Lake Michigan.
(Source: P.A. 88-91.)
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(515 ILCS 5/1-95) (from Ch. 56, par. 1-95)
Sec. 1-95.
Sport fisherman.
"Sport fisherman" means an individual who
uses or attempts to use sport fishing devices as stated in Sections 10-95,
10-110, and 10-140.
(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/1-100) (from Ch. 56, par. 1-100)
Sec. 1-100.
Take.
"Take" means lure, kill, destroy, capture, gig or
spear, trap or ensnare, or attempt to do so.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-103)
Sec. 1-103.
Taxidermy.
"Taxidermy" means the art of preparing, preserving,
and mounting the skins of fish, birds, or mammals to make them appear lifelike.
(Source: P.A. 88-416.)
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(515 ILCS 5/1-105) (from Ch. 56, par. 1-105)
Sec. 1-105.
Transport; ship.
"Transport" or "ship" means to convey by
parcel post, express, freight, baggage, or shipment by common carrier of
any description; by automobile, motorcycle, or other vehicle of any kind;
by water or aircraft of any kind; or by any other means of transportation.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-110) (from Ch. 56, par. 1-110)
Sec. 1-110.
Individual.
"Individual" means a natural person.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-115) (from Ch. 56, par. 1-115)
Sec. 1-115.
Resident commercial musselor.
"Resident commercial musselor"
means an individual who has actually resided in Illinois for one year
immediately preceding his or her application for a commercial mussel
license and who does not claim residency for a commercial mussel license in
another state or country.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-116) Sec. 1-116. Roe. "Roe" means the eggs of fish that are whole and intact within the egg sac, whether within the body cavity of the fish or removed. "Roe" does not include eggs removed from the egg sac.
(Source: P.A. 95-147, eff. 8-14-07.) |
(515 ILCS 5/1-117) Sec. 1-117. Roe-bearing species. "Roe-bearing species" means sturgeon, paddlefish, bowfin, and any other fish listed as such by the Department in an administrative rule.
(Source: P.A. 95-147, eff. 8-14-07.) |
(515 ILCS 5/1-120) (from Ch. 56, par. 1-120)
Sec. 1-120.
Seasons; daily limits.
The seasons during which protected
aquatic life may be taken and the size limits and daily catch limits set
out in this Code are based upon a proper biological balance and shall be
regulated by administrative rule.
The Department may not provide for a longer season or a larger daily
catch limit than is provided in this Code, except as provided
by Section 1-150.
The Department shall modify existing provisions, when necessary,
including open seasons, size limits, quotas, limited entry, and methods of
taking fish from the waters of Lake Michigan under the jurisdiction of the
State of Illinois, in order that the compact between the Canadian provinces
and those States of the United States adjacent to the Great Lakes,
including the United States and Canadian Governments, may be fulfilled in
the best interests of the fisheries resources and the general public.
Employees or agents of any federal, State, or municipal government or
body, when engaged in investigative work, may by prior written approval of
the Director be exempted from this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-125) (from Ch. 56, par. 1-125)
Sec. 1-125. Administrative rules. The Department is authorized to issue
administrative rules for carrying out, administering, and enforcing the
provisions of this Code. The administrative rules shall be promulgated in
accordance with the Illinois Administrative Procedure Act.
Rules, after becoming effective, shall be enforced in the same manner as
are any other provisions of this Code. It is unlawful for any person to violate any provision of any administrative rule promulgated by the Department. Violators of administrative rules
are subject to the penalties set out in this Code.
(Source: P.A. 94-592, eff. 1-1-06.)
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(515 ILCS 5/1-130) (from Ch. 56, par. 1-130)
Sec. 1-130.
Cooperation with EPA.
The Department is authorized to
cooperate with the Environmental Protection Agency of the State of Illinois
in making pollution investigations and reports of pollution investigations.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-135) (from Ch. 56, par. 1-135)
Sec. 1-135.
Taking for propagation or maintaining biological
balance. The Department and persons authorized by it may
take, purchase, or propagate any aquatic life or their eggs for
propagation and stocking purposes.
The Department may remove and dispose of any aquatic life
from any waters under the jurisdiction of this State to maintain the
biological balance of aquatic life as the Department deems proper.
The Department is authorized to sell or contract with any person to so
remove and dispose of aquatic life upon terms to be approved by the
Department.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-140) (from Ch. 56, par. 1-140)
Sec. 1-140.
Production for stocking.
The Department may produce
under Section 1-135 any aquatic life or their eggs and distribute
them to suitable waters for propagation or restocking. Planting
stock not required for State and public owned waters may be sold
to owners of other water areas for stocking purposes at a price
not greater than the cost of production to the State. The sale of
planting stock to these water owners shall be upon conditions
and plans as may be approved by the Department for the purposes
of producing a fishery.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-145) (from Ch. 56, par. 1-145)
Sec. 1-145.
Propagation facilities.
The Department may, for the purpose
of propagating aquatic life, establish and maintain facilities upon any
water owned or leased by the State of Illinois or by the United States of
America with the United States Government, as the case may be, or agency,
State or federal, having jurisdiction over the water.
The Department is empowered, or it may participate jointly with any
municipality or other subdivision of this State or the United States,
to select and purchase, lease, receive by donation, or acquire in
accordance with the laws relating to eminent domain:
(a) suitable waters for the propagation and conservation of aquatic life;
(b) waters to be used as public fishing and recreation areas; or
(c) suitable waters, real property, or both for the construction
and operation of conservation lakes and public fishing grounds, and to
construct and maintain on the property or waters any buildings, roads,
bridges, and other recreational facilities the Department deems necessary
or desirable for a full and complete utilization of the property or waters
for the purposes set forth in this Code. The Department is further
authorized to acquire all the necessary property or rights-of-way for the
purposes of ingress and egress to these waters and lands and to construct
and maintain on the property or rights-of-way all necessary roads and bridges.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-147) Sec. 1-147. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(515 ILCS 5/1-150) (from Ch. 56, par. 1-150)
Sec. 1-150.
Preservation of aquatic life; actions to enforce Code.
The
Department shall take all measures necessary for the conservation,
distribution, introduction, and restoration of aquatic life. After any
investigation when it is found by the Director that there is imminent
danger of loss of aquatic life, the Director may authorize the taking of
aquatic life from any area and specify other reasonable limits, methods,
and devices as the Director may deem advisable to salvage imperiled aquatic
life. Nothing in this paragraph shall be construed to permit the
Department to take action that hinders the operation of an electric
generating station of an electric supplier as defined in the Electric
Suppliers Act.
The Department shall also bring or cause to be brought actions and
proceedings, in the name and by the authority of the People of the State of
Illinois, to enforce this Code, including administrative rules, and to
recover any and all fines and penalties provided for. Nothing in this Code
shall be construed to authorize the Department to change any penalty
prescribed by law or to change the amount of license fees or the authority
conferred by licenses prescribed by law. The Department is authorized to
cooperate with the appropriate Departments of the federal government and
other Departments or agencies of State government and educational
institutions in conducting surveys, experiments, or work of joint interest
or benefit.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-155) (from Ch. 56, par. 1-155)
Sec. 1-155.
Conservation training schools; public education.
The
Department may establish Conservation Training Schools and employ
technicians and other help necessary for the purpose of
teaching conservation methods to employees of the Department and
other interested groups as the Department deems necessary or desirable
to carry out the provisions and purposes of this Code.
In order to educate the citizens of this State in the modern trends of
conservation, the Department shall disseminate conservation information and
the provisions of this Code through lectures, motion pictures, photographs,
exhibits, radio, news items, pamphlets, and other media the Department may
deem suitable for this purpose.
The Department may publish, periodically, a bulletin or magazine
containing information concerning the work of the Department, the
conservation and propagation of wildlife, hunting and fishing, and any other
information as the Department deems to be of general or special interest to
sportsmen and others affected by any law administered by the Department. A
reasonable charge may be made for each copy of the publication. All funds
derived from the sale of that publication shall be deposited into the
Wildlife and Fish Fund in the State Treasury.
The Department shall provide and maintain management and habitat
development on State controlled lands or waters used in propagating or
breeding aquatic life as the Department deems necessary to conform with the
most modern conservation methods. The Department may also cooperate in
management and habitat development with any person propagating or breeding
aquatic life on privately-owned lands or waters.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-160) (from Ch. 56, par. 1-160)
Sec. 1-160.
Peace officers.
All employees of the Department authorized
by the Director shall have the power of, and shall be, peace officers in
the enforcement of this Code, including administrative rules, and may carry
weapons as may be necessary in the performance of their duties.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-165) (from Ch. 56, par. 1-165)
Sec. 1-165.
Arrests; warrants.
All authorized employees of the
Department and all sheriffs, deputy sheriffs, and other police officers
shall arrest any person detected in violation of any of the provisions of
this Code, including administrative rules. Any duly accredited officer of
the Federal Fish and Wildlife Service may arrest any person detected in
violation of any of the provisions of this Code, including administrative
rules.
All officers shall make prompt investigation of any violation of this
Code, including administrative rules, reported by any other persons, and
shall cause a complaint to be filed in case there seems just ground for a
complaint and evidence procurable to support the complaint.
Upon the filing of a complaint, the officers shall render assistance
in the prosecution of the party against whom complaint is made.
Peace officers, other than employees of the Department, making arrests
and serving warrants provided for by this Code shall receive
the fees and mileage as provided by law for sheriffs.
Each duly accredited officer and authorized employee of the Department
is empowered to execute and serve all warrants and processes issued by the
Circuit Court.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-170) (from Ch. 56, par. 1-170)
Sec. 1-170.
Prosecutions; State's Attorneys.
All prosecutions shall be
brought in the name and by the authority of the People of the State of
Illinois before the Circuit Court for the county where the offense was
committed.
All State's Attorneys shall enforce the provisions of this Code,
including administrative rules, in their respective counties and shall
prosecute all persons charged with violating its provisions when so
requested by the Department.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-175) (from Ch. 56, par. 1-175)
Sec. 1-175.
Limitations.
All prosecutions under this Code shall be
commenced within 2 years from the time the offense charged was committed.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-180) (from Ch. 56, par. 1-180)
Sec. 1-180.
Collection of fines.
All fines provided for by this Code
shall be collected and remitted to the Department, within 30 days after the
collection of the fine, by the Clerk of the Circuit Court collecting the
fines, who shall submit at the same time to the Department a statement of
the names of the persons so fined and the name of the arresting officer,
the offense committed, the amount of the fine, and the date of conviction.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-185) (from Ch. 56, par. 1-185)
Sec. 1-185.
Power of entry and examination.
Authorized employees of the
Department are empowered, under law, to enter all lands and waters to
enforce this Code. Authorized employees are further empowered to examine
all buildings, private or public clubs (except dwellings), fish markets,
cold storage houses, locker plants, camps, vessels, cars (except sealed
railroad cars or other common carriers), conveyances, vehicles, water
craft, or any other means of transportation or shipping, tents, game bags,
game coats, or other receptacles and to open and examine any box, barrel,
package, or other receptacle in the possession of a common carrier, that
they have reason to believe contains aquatic life or any part of aquatic
life taken, bought, sold or bartered, shipped, or had in possession
contrary to this Code, including administrative rules, or that the
receptacle containing the aquatic life is falsely labeled.
Authorized employees of the Department shall be given free access to
and shall not be hindered or interfered with in making an entry and
examination. Any license held by a person preventing free access or
interfering with or hindering an employee shall not be issued to that
person for the period of one year after his or her action.
Employees of the Department as specifically authorized by the Director
are empowered to enter all lands and waters for purposes of pollution
investigations, State and federal permit inspections, as well as aquatic
life and wildlife censuses or inventories, and are further empowered to
conduct examination of equipment and devices in the field, under law, to
ensure compliance with this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-190) (from Ch. 56, par. 1-190)
Sec. 1-190.
Prima facie evidence; confiscation.
The possession of any
aquatic life protected under this Code is prima facie evidence that the
aquatic life is subject to all the provisions of this Code, including
administrative rules.
Whenever the contents of any box, barrel, package, or receptacle
consists partly of contraband and partly of legal aquatic life or any part
of aquatic life, the entire contents of the box, barrel, package, or other
receptacle are subject to confiscation.
Whenever a person has in his or her possession in excess of the number of
aquatic life or parts of aquatic life permitted under this Code, including
administrative rules, the entire number of aquatic life or parts of aquatic
life in his or her possession is subject to confiscation.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-195) (from Ch. 56, par. 1-195)
Sec. 1-195.
Search warrant; process.
Whenever any authorized employee of
the Department, sheriff, deputy sheriff, or other peace officer of the
State has reason to believe that any person, commercial institution,
commission house, restaurant or cafe keeper, or fish dealer possesses any
aquatic life or any part of aquatic life contrary to the provisions of this
Code, including administrative rules, he or she may file, or cause to be
filed, a sworn complaint to that effect before the Circuit Court and
procure and execute a search warrant. Upon the execution of the search
warrant, the officer executing the search warrant shall make due return of
the search warrant to the court issuing the search warrant, together with
an inventory of all the aquatic life or any part of aquatic life taken
under the search warrant. The Court shall then issue process against the
party owning, controlling, or transporting the aquatic life or any part of
aquatic life seized, and upon its return shall proceed to determine whether
or not the aquatic life was held, possessed, or transported in violation of
this Code, including administrative rules. In case of a finding to the
effect that it was illegally held, possessed, transported, or sold, a
judgment shall be entered against the owner or party found in possession of
the aquatic life for the costs of the proceeding and providing for the
disposition of the property seized, as provided for by this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-200) (from Ch. 56, par. 1-200)
Sec. 1-200.
Obstructing an officer.
It shall be unlawful for any person
to resist or obstruct any officer or employee of the Department in the
discharge of his or her duties under this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-205) (from Ch. 56, par. 1-205)
Sec. 1-205.
Posing as an officer.
It shall be unlawful for any person to
represent himself or herself falsely to be an officer or employee of the
Department or to assume to act as an officer or employee of the Department
without having been duly appointed and employed.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-210) (from Ch. 56, par. 1-210)
Sec. 1-210.
Confiscation of contraband.
All aquatic life or
any part of aquatic life taken, bought, sold or bartered,
shipped, or had in possession contrary to any of the provisions
of this Code, including administrative rules, is contraband
and subject to seizure and confiscation by any authorized
employee of the Department.
Contraband aquatic life or any part of aquatic life seized and
confiscated shall be disposed of as directed by the Department.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
Sec. 1-215. Illegal fishing devices; public nuisance. Every fishing
device, including seines, nets, or traps, or any electrical device or any
other devices, including vehicles, watercraft, or aircraft, used or
operated illegally or attempted to be used or operated illegally by any
person in taking, transporting, holding, or conveying any aquatic life
contrary to this Code, including administrative rules, shall be deemed a
public nuisance and therefore illegal and subject to seizure and
confiscation by any authorized employee of the Department. Upon the
seizure of such an item the Department shall take and hold the item until
disposed of as provided in this Code.
Upon the seizure of any device because of its illegal use, the officer
or authorized employee of the Department making the seizure shall, as soon
as reasonably possible, cause a complaint to be filed before the Circuit
Court and a summons to be issued requiring the owner or person in
possession of the property to appear in court and show cause why the
device seized should not be forfeited to the State. Upon the return of
the summons duly served or upon posting or publication of notice as provided
in this Code, the court shall proceed to determine the question of the
illegality of the use of the seized property. Upon judgment being entered
to the effect that the property was illegally used, an order shall be
entered providing for the forfeiture of the seized property to the State.
The owner of the property, however, may have a jury determine the
illegality of its use, and shall have the right of an appeal as in other
civil cases. Confiscation or forfeiture shall not preclude or mitigate
against prosecution and assessment of penalties provided in Section 20-35
of this Code.
Upon seizure of any property under circumstances supporting a
reasonable belief that the property was abandoned, lost, stolen, or
otherwise illegally possessed or used contrary to this
Code, except property seized during a search or arrest, and ultimately
returned, destroyed, or otherwise disposed of under order of a court
in accordance with this Code, the authorized employee of the Department
shall make reasonable inquiry and efforts to identify and notify the owner
or other person entitled to possession of the property and shall return the
property after the person provides reasonable and satisfactory proof of
his or her ownership or right to possession and reimburses the Department
for all reasonable expenses of custody. If the identity or location of the
owner or other person entitled to possession of the property has not been
ascertained within 6 months after the Department obtains possession, the
Department shall effectuate the sale of the property for cash to the
highest bidder at a public auction. The owner or other person entitled to
possession of the property may claim and recover possession of the
property at any time before its sale at public auction upon providing
reasonable and satisfactory proof of ownership or right of possession and
reimbursing the Department for all reasonable expenses of custody.
Any property forfeited to the State by court order under this Section
may be disposed of by public auction, except that any property that is
the subject of a court order shall not be disposed of pending appeal
of the order. The proceeds of the sales at auction shall be deposited in
the Wildlife and Fish Fund.
The Department shall pay all costs of posting or publication of
notices required by this Section. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.)
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(515 ILCS 5/1-220) (from Ch. 56, par. 1-220)
Sec. 1-220.
Violations; separate offenses.
Each act of pursuing, taking,
shipping, offering or receiving for shipment, transporting, buying, selling
or bartering, or having in one's possession any protected aquatic life,
seines, nets, or other devices used or to be used in violation of this
Code, including administrative rules, constitutes a separate offense.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-225) (from Ch. 56, par. 1-225)
Sec. 1-225.
Accessory.
Any person who aids in or contributes in any way
to a violation of this Code, including administrative rules, is
individually liable, as a separate offense under this Code, for the
penalties imposed against the person who committed the violation.
(Source: P.A. 87-833.)
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(515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
Sec. 1-230. Wildlife and Fish Fund; disposition of money
received. All fees, fines, income of whatever kind or nature derived
from hunting and fishing activities on lands, waters, or both under the
jurisdiction or control of the Department, and all penalties collected under
this Code shall be deposited into the State Treasury and
shall be set apart in a special fund to be known as the Wildlife and Fish
Fund; except that fees derived solely from the sale of salmon stamps, income
from art contests for the salmon stamp, including income from the sale
of reprints, and gifts, donations, grants, and bequests of money for the
conservation and propagation of salmon shall be deposited into the State
Treasury and set apart in the special fund to be known as the Salmon
Fund; and except that fees derived solely from the sale of state
migratory waterfowl stamps, and gifts, donations, grants and bequests of
money for the conservation and propagation of waterfowl, shall be deposited
into the State Treasury and set apart in the special fund to be known as the
State Migratory Waterfowl Stamp Fund. All interest that accrues from moneys
in the Wildlife and Fish Fund, the Salmon Fund, and the State Migratory
Waterfowl Stamp Fund shall be retained in those funds respectively.
Except for the additional moneys deposited under Section 805-550 of the Department of Natural Resources (Conservation) Law of the
Civil Administrative Code of Illinois, appropriations from the Wildlife and Fish Fund shall be made only to the
Department for the carrying out of the powers and functions vested by law
in the Department
for the administration and management of fish and wildlife resources of this State for such activities as (i) the purchase of land for fish hatcheries,
wildlife refuges, preserves, and public shooting and fishing grounds; (ii)
the purchase and distribution of wild birds, the eggs of wild birds, and
wild mammals; (iii) the rescuing, restoring and distributing of fish; (iv)
the maintenance of wildlife refuges or preserves, public shooting grounds,
public fishing grounds, and fish hatcheries; and (v) the feeding and care
of wild birds, wild mammals, and fish. Appropriations from the Salmon Fund
shall be made only to the Department to be used solely for the conservation
and propagation of salmon, including construction, operation, and
maintenance of a cold water hatchery, and for payment of the costs of
printing salmon stamps, the expenses incurred in acquiring salmon stamp
designs, and the expenses of producing reprints.
(Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; 96-1518, eff. 2-4-11.)
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(515 ILCS 5/1-235)
Sec. 1-235. (Repealed).
(Source: P.A. 87-833. Repealed by P.A. 97-916, eff. 8-9-12.)
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(515 ILCS 5/Art. 5 heading) ARTICLE 5.
FISH PROTECTION
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(515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
Sec. 5-5. Ownership and title; violations; penalties. The ownership of
and title to all aquatic life within the boundaries of the State, are
hereby declared to be in the State, and no aquatic life shall be taken or
killed, in any manner or at any time, unless the person or persons so
taking or killing the aquatic life shall consent that the title to the
aquatic life shall be and remain in the State for the purpose of regulating
the taking, killing, possession, use, sale, and transportation of aquatic
life after taking or killing, as set forth in this Code.
Aquatic products, including any aquatic plants and animals or their by-products that are produced, grown, managed, harvested and marketed on an annual, semi-annual, biennial or short-term basis, in permitted aquaculture facilities, bred,
hatched, propagated, or raised by the owner of a body of water, with the
consent of the Department of Natural Resources through the
issuance of an
aquaculture permit and consistent with this Section, in permitted
aquaculture facilities in or on that body of water are the property of the
person who bred, hatched, propagated, or raised them or that person's
successor in interest. Ownership of aquatic products reverts to the State
upon revocation or expiration of an aquaculture permit as prescribed by
administrative rule.
If any person causes any waste, sewage, thermal effluent, or any other
pollutant to enter into, or causes or allows pollution of, any waters of
this State so as to kill aquatic life, the Department, through the Attorney
General, may bring an action against that person and recover the value of
and the related costs in determining the value of the aquatic life
destroyed by the waste, sewage, thermal effluent, or pollution. Any money
so recovered shall be placed into the Wildlife and Fish Fund in the State
Treasury.
If any person shall abandon, deposit, or otherwise place any wire,
can, bottle, glass, paper, trash, rubbish, cardboard, wood cartons,
boxes, trees, parts of trees, brush, or other insoluble material,
including animal or vegetable material, into the waters or upon the ice
of any waters of this State, or in any place on the bank of waters of
this State where it shall be liable to be washed into the waters either
by storms, floods, or other causes, the person shall be in violation of the
offense of polluting. Employees of the Department, however, may place or
direct the placement, in the waters of the State, of insoluble materials
deemed suitable for the purposes of enhancing aquatic habitat. Any person
who shall be found guilty under this Section shall be guilty of a petty
offense, and the Court shall further order that the guilty person shall
employ every practical means of removing the debris within a time specified
by the Court. Failure to comply with an order under this Section shall
constitute a Class B misdemeanor.
(Source: P.A. 102-555, eff. 1-1-22.)
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(515 ILCS 5/5-10) (from Ch. 56, par. 5-10)
Sec. 5-10.
Application.
This Code shall apply to aquatic life or parts
of aquatic life (i) in or from any of the lakes, rivers, creeks, sloughs,
bayous, or other waters or watercourses or lands wholly within the
boundaries of the State of Illinois or over which the State of Illinois has
concurrent jurisdiction with any other State or (ii) which may be brought
into the State of Illinois.
(Source: P.A. 87-833.)
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(515 ILCS 5/5-15) (from Ch. 56, par. 5-15)
Sec. 5-15.
Permissible devices.
Aquatic life or parts of aquatic life
shall be taken only with the devices and in the manner permitted by this
Code, and the terms of this Code shall apply with equal force to aquatic
life when smoked, frozen, or otherwise processed.
(Source: P.A. 87-833.)
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(515 ILCS 5/5-20) (from Ch. 56, par. 5-20)
Sec. 5-20. Taking aquatic life on private property. Any person
taking or attempting to take aquatic life by means of any device within
waters other than public waters of the State shall first obtain the consent
of the owner, tenant, or designee of the owner or tenant of the premises where the taking is
done or attempted to be done. In addition, the persons taking or attempting
to take aquatic life on another's property shall do so in a manner that
does not cause wanton or careless injury to or destruction of any real or
personal property on the premises.
It shall be prima facie evidence that a person does not have the
consent of the owner or tenant if the person is unable to demonstrate to
the law enforcement officer in the field that consent had been
obtained. This provision may only be rebutted by testimony of the owner or
tenant that consent had been given. Before enforcing this Section, the law
enforcement officer must have received notice from the owner or tenant of a
violation of this Section. Statements made to the law enforcement officer
regarding this notice shall not be rendered inadmissible by the hearsay
rule when offered for the purpose of showing the required notice.
(Source: P.A. 102-837, eff. 5-13-22.)
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(515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
Sec. 5-25. Value of protected species; violations.
(a) Any person who, for profit or commercial purposes, knowingly
captures or kills, possesses, offers for sale, sells, offers to barter,
barters, offers to purchase, purchases, delivers for shipment, ships,
exports, imports, causes to be shipped, exported, or imported, delivers for
transportation, transports or causes to be transported, carries or causes
to be carried, or receives for shipment, transportation, carriage, or
export any aquatic life, or parts thereof, contrary to the provisions of the Code or administrative rule, and that
aquatic life, in whole or in part, is valued at or in excess of a total of $300,
as per species value specified in subsection (c) of this Section, commits a Class 3
felony.
A person is guilty of a Class 4 felony if convicted under this Section for more than one violation within a 90-day period if the aquatic life involved in each violation are not valued at or in excess of $300 but the total value of the aquatic life involved with the multiple violations is at or in excess of $300. The prosecution for a Class 4 felony for these multiple violations must be alleged in a single charge or indictment and brought in a single prosecution.
Any person who violates this subsection (a) when the total value of species is less than $300 commits a Class A misdemeanor except as otherwise provided.
(b) Possession of aquatic life, in whole or in part, captured or killed
in violation of this Code, valued at or in excess of $600, as per species value
specified in subsection (c) of this Section, shall be considered prima facie
evidence of possession for profit or commercial purposes.
(c) For purposes of this Section, the fair market value or replacement cost, whichever is greater, must be used to determine the value of the species, but in no case shall the minimum value of all aquatic life and their
hybrids, whether dressed or not dressed, be less than the following:
(1) For each muskellunge, northern pike, walleye, | ||
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(2) For each warmouth, rock bass, white bass, yellow | ||
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(3) (Blank).
(4) (Blank).
(5) For goldeye, mooneye, carp, carpsuckers (all | ||
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(6) For each species listed on the federal or State | ||
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(Source: P.A. 102-368, eff. 1-1-22.)
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(515 ILCS 5/5-30) Sec. 5-30. Shark fins. (a) As used in this Section, "shark" means any species of the subclass Elasmobranchii. (b) As used in this Section, "shark fin" means a raw, dried, or otherwise processed detached fin or a raw, dried, or otherwise processed detached tail of a shark. (c) Except as otherwise provided in subsection (d) of this Section, a person may not possess, sell, offer for sale, trade, or distribute a shark fin on or after January 1, 2013. (d) Until July 1, 2013, any person may possess, sell, offer for sale, trade, or distribute a shark fin possessed by that person on January 1, 2013.
(Source: P.A. 97-733, eff. 1-1-13.) |
(515 ILCS 5/Art. 10 heading) ARTICLE 10.
LIMITS; SEASONS; METHODS OF TAKING
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(515 ILCS 5/10-5) (from Ch. 56, par. 10-5)
Sec. 10-5.
Daily limit; bass.
All properly licensed individuals shall be
permitted to take, in any one day, no more than 6 of any one species or 6
in the aggregate of largemouth, smallmouth, or spotted bass.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-10) (from Ch. 56, par. 10-10)
Sec. 10-10.
Daily limit; trout and salmon.
All properly licensed
individuals shall be permitted to take, in any one day, no more than 5 of
any one species or 5 in the aggregate of brook trout, brown trout, rainbow
trout, lake trout, coho salmon, chinook salmon, kokanee salmon, or other
salmons.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-15) (from Ch. 56, par. 10-15)
Sec. 10-15.
Method of taking certain fish.
Muskellunge, northern pike,
pickerels, walleye, sauger, largemouth bass,
smallmouth bass, spotted bass, warmouth, rock bass, white bass, yellow
bass, striped bass (ocean rockfish), sunfish,
bluegill, crappie, trout, salmon, and their hybrids shall be taken
only by properly
licensed individuals and only with sport fishing devices as provided
in Section 10-95.
(Source: P.A. 91-357, eff. 7-29-99.)
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(515 ILCS 5/10-20) (from Ch. 56, par. 10-20)
Sec. 10-20.
Size limit; northern pike.
All northern pike in the
possession of any individual shall be not less than 24 inches in length,
except that northern pike of any size may be possessed that are taken in
the waters of the Mississippi River.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-25) (from Ch. 56, par. 10-25)
Sec. 10-25.
Daily limit; northern pike, sauger, and walleye.
(a) Except as provided in subsections (b) and (c), all properly licensed
individuals shall be permitted to take, in any one day, no more than 3
northern pike, 6 sauger or walleye, or 6 in the aggregate of sauger and
walleye.
(b) In the waters of the Mississippi River between Iowa and Illinois,
all properly licensed individuals shall be permitted to take, in any one
day, no more than 5 northern pike, 10 sauger or walleye, or 10 in the
aggregate of sauger and walleye.
(c) In the waters of the Mississippi River between Missouri and Illinois,
all properly licensed individuals shall be permitted to take, in any one day,
no more than one northern pike, 8 sauger or walleye, or 8 in the aggregate
of sauger and walleye.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-30) (from Ch. 56, par. 10-30)
Sec. 10-30. Bullfrog; open season. Bullfrog open season is found in Section 5-30 of the Herptiles-Herps Act.
(Source: P.A. 98-752, eff. 1-1-15.)
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(515 ILCS 5/10-35) (from Ch. 56, par. 10-35)
Sec. 10-35. Daily limit; bullfrogs. Bullfrog daily limit is found in Section 5-30 of the Herptiles-Herps Act.
(Source: P.A. 98-752, eff. 1-1-15.)
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(515 ILCS 5/10-40) (from Ch. 56, par. 10-40)
Sec. 10-40.
Taking of smelt.
All individuals taking smelt by any method
or with any device, including small mesh nets, shall have a valid sport
fishing license.
It shall be lawful to take smelt with a seine, gill net, or dip net. A
seine or gill net shall not (1) exceed 12 feet in length, (2) exceed 6 feet
in depth, or (3) have a mesh size greater than 1 1/2 inches diagonal
stretch. A dip net shall not (1) exceed 12 feet in diameter or (2) have a
mesh size less than 1 inch diagonal stretch. No individual shall operate
more than one smelt net device at any one time. Individuals taking smelt as
authorized by this Section are exempt from obtaining a commercial license.
It shall be unlawful to possess any species taken in smelt net devices
other than smelt. All fish taken in smelt net devices other than smelt must
be returned immediately to the water.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-45)
Sec. 10-45. (Repealed).
(Source: P.A. 98-915, eff. 1-1-15. Repealed by P.A. 102-837, eff. 5-13-22.)
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(515 ILCS 5/10-47)
Sec. 10-47. (Repealed).
(Source: P.A. 98-915, eff. 1-1-15. Repealed by P.A. 102-837, eff. 5-13-22.)
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(515 ILCS 5/10-50) (from Ch. 56, par. 10-50)
Sec. 10-50.
Size limit; trout and salmon.
All rainbow trout, lake trout,
brown trout, brook trout, Atlantic salmon, coho salmon, chinook salmon,
pink salmon, or other salmonids when taken or in the possession of a person
after having been taken from the waters of Lake Michigan shall be not less
than 10 inches in length.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-55) (from Ch. 56, par. 10-55)
Sec. 10-55.
Taking of endangered species.
No person shall take or
possess any of the aquatic life listed in the Illinois Endangered Species
Protection Act or subsequent administrative rules, except as provided by
that Act.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-60) (from Ch. 56, par. 10-60)
Sec. 10-60. Taking of turtles or bullfrogs; illegal devices. Taking of turtles or bullfrogs is found in Section 5-30 of the Herptiles-Herps Act.
(Source: P.A. 98-752, eff. 1-1-15.)
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(515 ILCS 5/10-65) (from Ch. 56, par. 10-65)
Sec. 10-65. Taking of snakes. Taking of snakes is found in Section 5-25 of the Herptiles-Herps Act.
(Source: P.A. 98-752, eff. 1-1-15.)
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(515 ILCS 5/10-70) (from Ch. 56, par. 10-70)
Sec. 10-70.
Aquatic life included in daily limit.
(a) Any aquatic life taken
into actual possession, unless released unharmed immediately, shall be
included in the daily limit of the person having so taken the aquatic life
for the day when taken.
(b) Fish released unharmed by participants in a bona fide
catch-and-release fishing tournament, which requires the participants to have a
boat live well with a pump constantly adding fresh or
recirculating water, shall not be included in the daily limit. However, at no
time may the daily limit be exceeded.
(Source: P.A. 87-833; 88-3.)
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(515 ILCS 5/10-75) (from Ch. 56, par. 10-75)
Sec. 10-75.
Application of Article.
This Article 10 shall apply only to
aquatic life in waters and lands wholly or in part within the boundaries of
the State of Illinois.
The provisions of Sections 10-5 through 10-75 are subject to
modification by administrative rule.
Aquatic life legally taken in and transported from other states or
countries may be possessed within the State of Illinois, subject to the
provisions of Sections 15-55 and 15-60 of this Code.
Any aquatic life taken at any time except during an open season
established under this Code, including administrative rules, or of a size
less than the minimum provided by this Code, including administrative
rules, shall be immediately returned, without unnecessary injury, to the
waters from which taken.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-80) (from Ch. 56, par. 10-80)
Sec. 10-80. Illegal methods of taking. Except as otherwise authorized in this Code or administrative rule, it shall be unlawful to take any
aquatic life except by angling methods. Illegal methods include, but are not limited to, the use of electricity or any electrical device; a lime,
acid, medical, chemical, or mechanical compound or dope of any medicated
drug; any drug or any fishberry; any dynamite, giant powder, nitro
glycerine, or other explosives; or by means of a snare, treated grain,
firearms of any kind, air rifle or blow gun, wire basket, wire seine, wire
net, wire trotline, or limb lines of any kind.
(Source: P.A. 102-837, eff. 5-13-22.)
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(515 ILCS 5/10-85) (from Ch. 56, par. 10-85)
Sec. 10-85.
Ice fishing.
Fish may be taken through the ice by the use of
not more than
3 poles and lines or 3 tipups at any one time and there may
be not more than 2 hooks attached to each line. Any hole cut in the ice
for the purpose of taking fish shall be not more than 12 inches in
diameter. Any shelter placed or used on ice of any of the public waters of
this State shall be a portable fishing shelter constructed of a frame-work
of metal or wood covered with canvas, paper, wood, plastic material, or any
similar material and that shelter shall have the name and
address of the
owner attached to it. Following March 1 of each ice fishing season the
shelter must be removed at the end of each fishing day and shall not be
left unattended at any time after that date.
All fishing devices placed through the ice shall be attended and kept
under the observation of the person having so placed the device at all
times.
(Source: P.A. 91-66, eff. 7-9-99.)
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(515 ILCS 5/10-90) (from Ch. 56, par. 10-90)
Sec. 10-90.
Snag line or pole.
It shall be unlawful to use, set, place,
or control any snag line or snag pole, meaning any line, cord, or pole to
which a fish hook, a number of fish hooks, or clusters of fish hooks of any
kind or description are attached and designed to be placed in, or drawn
through, the water for the purpose of catching by drawing the hooks into
the body of the fish except as may be otherwise provided by administrative
rule.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-95) (from Ch. 56, par. 10-95)
Sec. 10-95.
Number of hooks; untagged devices.
Any individual possessing
a valid sport fishing license may take aquatic life by hand, or may use
pole and line, bank pole and line,
throw line, trotline, buoyed ganging devices, or other legal devices not
exceeding 50 hooks in the aggregate, however, any individual at any one
time is allowed to use under his or her immediate control only 2 untagged
sport fishing devices and any additional devices up to the aggregate of 50
hooks must be tagged with his or her name and mailing address. It shall be
unlawful to sell or barter any aquatic life or parts thereof taken by
sport fishing devices.
A dip net for non-commercial smelt fishing in Lake Michigan may be used
subject to the provisions of Section 10-40.
Any sport fishing device, including trot line device, bank pole, and
throw line or buoyed ganging devices, left unattended must be tagged with
the name and mailing address of the operator. All required tags shall be in
a position to be at all times exposed to public view.
A sport fishing license permits the holder to seine for minnows, provided
that minnows are not sold. The seine shall not be longer than 20
feet, deeper than 6 feet, or contain mesh larger than 1/2 inch bar measurement.
(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/10-100) (from Ch. 56, par. 10-100)
Sec. 10-100. Release of aquatic life. (a) It shall be unlawful to
release any aquatic life
into the wild in this State without first securing permission of the
Department to do so, except that the owner of a body of water may release
aquatic life indigenous to the State of Illinois into waters wholly upon his or her property. The Department shall have the authority to promulgate
necessary rules and regulations, under the Illinois Administrative
Procedure Act, regulating the possession, transportation, and shipping of
aquatic life not indigenous to the State of Illinois. All aquatic life may be
immediately returned unharmed from where they were taken. A violation of this subsection (a) is a Class B misdemeanor.
(b) It is unlawful to possess, transport, or release any live specimen or viable gametes of any species listed as injurious by administrative rule, unless authorized by that rule. A violation of this subsection (b) is a Class A misdemeanor.
(Source: P.A. 98-1044, eff. 1-1-15.)
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(515 ILCS 5/10-105) (from Ch. 56, par. 10-105)
Sec. 10-105.
Fish importation permits.
Live fish, viable fish eggs, or
viable sperm of any species or hybrid of salmon or trout may be imported
into the State only by the holder of a fish importation permit and other
required State permits. Importation permits shall be issued at no charge to
a person who has applied on a Department special permit form, no less than
15 days nor more than 30 days before shipment, provided that the shipment
is not considered detrimental to the fishery resource of the State.
An importation permit shall be issued only if the source hatchery is
inspected and found free of those diseases designated by administrative
rule of the Department, or any other diseases, that may be detrimental to
the fishery resource of the State. Inspections may be carried out only by
persons recognized by the Department as competent in the diagnosis of fish
diseases. An importation permit may be granted by the Department for
extended periods of up to 6 months from the date the source hatchery is
certified as being disease free. A permit may be cancelled upon the
diagnosis of a disease at the source hatchery that may be detrimental to
the fishery resource of the State. A letter of disease free certification,
including date of examination, must be provided by the applicant.
A copy of the fish importation permit shall accompany shipment. Fish,
eggs, or viable sperm imported under this permit are subject to inspection
by employees of the Department and may include taking samples for
biological examination. Shipment of live fish, viable fish eggs, or viable
sperm of salmon or trout into the State without a fish importation permit
shall be considered detrimental to the fishery resource and shall be seized
and disposed of by means found suitable to the Department.
This Section does not apply to salmon or trout in transit through the State
that will not be released from their original containers.
Failure to comply with this Section is grounds for revocation of the
aquaculture permit or fish dealers license, or both.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-110) (from Ch. 56, par. 10-110)
Sec. 10-110. Taking carp, catfish, buffalo, suckers, gar, bowfin, shad, and drum. (a) Carp, catfish,
buffalo, suckers, gar, bowfin, shad, and drum may be taken by means of a pitchfork,
underwater spear gun, bow and arrow or bow and arrow device, including a sling shot bow, spear, or gig.
Each person taking fish by these means shall possess a valid sport fishing
license. Fish taken by these means shall not be sold or bartered except as authorized by the Department. The daily take, harvest limits, or additional species are subject to and set forth in administrative rule.
(b) It is unlawful for any person to take or attempt to take aquatic life as provided in subsection (a) along, upon, across, or from any public right-of-way or highway in this State. (Source: P.A. 102-369, eff. 1-1-22.)
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(515 ILCS 5/10-115) (from Ch. 56, par. 10-115)
Sec. 10-115. Taking of turtles. Taking of turtles is found in Section 5-30 of the Herptiles-Herps Act.
(Source: P.A. 98-752, eff. 1-1-15.)
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(515 ILCS 5/10-120) (from Ch. 56, par. 10-120)
Sec. 10-120.
Taking of mussels; illegal devices.
It is unlawful for any
person to take mussels by means of basket dredges or mechanical or suction
devices.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-125) (from Ch. 56, par. 10-125)
Sec. 10-125.
Device attached to tree.
Any hook and line or sport fishing
device for the purpose of taking or attempting to take fish, if attached to
a tree, must be attached only to the main tree trunk below the water line.
(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/10-130) (from Ch. 56, par. 10-130)
Sec. 10-130.
Trolling; number of poles.
It shall be unlawful for any
individual to troll for fish with more than 3 poles and lines with more
than 2 hooks or 2 lures attached to each device.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-135) (from Ch. 56, par. 10-135)
Sec. 10-135.
Sport fishing charter boats.
A "charter boat" is defined
as any boat used in the business of carrying sport fishermen for hire into
the Illinois waters of Lake Michigan for the purpose of sport fishing.
It shall be unlawful for any person to operate a sport fishing charter
boat in the Illinois waters of Lake Michigan without having first obtained
a permit to do so from the Department. A permit is valid for a period of
one year and expires each year on December 31. A charter boat permit shall
be issued without fee to any Illinois resident and to any non-resident
whose state of residence issues a charter boat permit without fee to
Illinois residents. If, however, the state of residence of a non-resident
charges a fee to Illinois residents for a charter boat permit,
a fee shall be charged in Illinois for a permit to a non-resident
in an amount equal to the fee charged to Illinois residents by the
non-resident's state.
All persons operating sport fishing charter boats in the Illinois waters
of Lake Michigan must submit daily catch reports to the Department on forms
furnished and in the manner prescribed by the Department. All daily catch
reports for a given month must be submitted to the Department on or before
the 15th day of the following month. Charter boat operators who fail to
comply with this Section shall be subject to penalties as provided in
Section 20-35 of this Code and noncompliance with this Section may be
grounds for denial of future charter boat permits.
(Source: P.A. 87-833.)
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(515 ILCS 5/10-140) (from Ch. 56, par. 10-140)
Sec. 10-140. Dip nets, casting nets, and shad scoops. (a) Any individual possessing a valid sport fishing
license may use a dip net, casting net, or shad scoop to take certain species. The taking of aquatic life with a dip net, casting net, or shad scoop shall not be
permitted within 100 feet of the base of any dam. (b) Dip nets may be used to take carp, buffalo, carpsuckers, or shad for personal consumption. (c) Bighead carp (Hypophthalmichthys nobilis), black carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon idella), and silver carp (Hypophthalmichthys molitrix) may be taken with a casting net or shad scoop and used for bait on the body of water where they are collected if they are killed immediately. (d) Mooneye (Hiodon tergisus), goldeye (Hiodon alosoides), skipjack herring (Alosa chrysochloris), carp (other than bighead carp (Hypophthalmichthys nobilis), black carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon idella), and silver carp (Hypophthalmichthys molitrix)), and any other fish listed in Section 10-110 of this Code may be taken with a casting net or shad scoop and used for live or dead bait on the body of water where they are collected. (e) All casting nets shall not be (1) larger than 24 feet in diameter or (2) of a mesh larger than 1 inch bar measurement. All shad scoops shall not be (1) larger than 30 inches in diameter, (2) of a mesh not larger than 1/2 inch bar measurement, or (3) longer than 4 feet in length. (f) Fish taken by means listed in this Section
shall not be sold or bartered. Except as otherwise
provided by law, the taking of game fish by dip net without a commercial
license shall be a petty offense punishable by a minimum fine of $100, plus
confiscation of illegally used equipment under Article 1 of this Code.
(Source: P.A. 102-837, eff. 5-13-22.)
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(515 ILCS 5/10-150) Sec. 10-150. Fishing limits; private property. The limits established in this Article on the number and size of fish a person may take in a day do not apply to a person fishing in waters wholly within his or her private property.
(Source: P.A. 99-532, eff. 7-8-16.) |
(515 ILCS 5/Art. 15 heading) ARTICLE 15.
COMMERCIAL FISHING
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(515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
Sec. 15-5. Commercial fisherman; license requirement.
(a) A "commercial fisherman" is defined as any individual who uses any
of the commercial fishing devices as defined by this Code for the taking of
any aquatic life, except mussels, protected by the terms of this Code.
(b) All commercial fishermen shall have a commercial fishing license.
In addition to a commercial fishing license, a commercial fisherman shall also obtain a sport fishing license. All individuals assisting a licensed commercial fisherman in taking aquatic
life, except mussels, from any waters of the State must have a commercial
fishing license unless these individuals are under the direct supervision
of and aboard the same watercraft as the licensed commercial fisherman. An individual assisting a licensed commercial fisherman must first obtain a sport fishing license. (c) Notwithstanding any other provision of law to the contrary, blind residents or residents with a disability may fish with commercial fishing devices without holding a sports fishing license. For the purpose of this Section, an individual is blind or has a disability if that individual has a Class 2 disability as defined in Section 4A of the Illinois Identification Card Act. For the purposes of this Section, an Illinois person with a Disability Identification Card issued under the Illinois Identification Card Act indicating that the individual named on the card has a Class 2 disability shall be adequate documentation of a disability.
(d) Notwithstanding any other provision of law to the contrary, a veteran who, according to the determination of the federal Veterans' Administration as certified by the Department of Veterans' Affairs, is at least 10% disabled with service-related disabilities or in receipt of total disability pensions may fish with commercial fishing devices without holding a sports fishing license during those periods of the year that it is lawful to fish with commercial fishing devices, if the respective disabilities do not prevent the veteran from fishing in a manner that is safe to him or herself and others. (e) A "Lake Michigan commercial fisherman" is defined as an individual
who resides in this State or an Illinois corporation who uses any of the
commercial fishing devices as defined by this Code for the taking of aquatic
life, except mussels, protected by the terms of this Code.
(f) For purposes of this Section, an act or omission that constitutes
a violation committed by an officer, employee, or agent of a corporation
shall be deemed the act or omission of the corporation.
(Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15; 99-143, eff. 7-27-15.)
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(515 ILCS 5/15-10) (from Ch. 56, par. 15-10)
Sec. 15-10.
Commercial musselor; license.
A "commercial musselor" is
defined as any individual who takes mussels by hand, except as provided by
administrative rule, or who uses any of the mussel devices defined by this
Code for the taking of mussels protected by the terms of this Code.
All commercial musselors shall have a commercial mussel license.
All individuals assisting a licensed commercial musselor in taking
mussels from any waters of this State must have a commercial mussel
license.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-15) (from Ch. 56, par. 15-15)
Sec. 15-15. Commercial fishing devices. "Commercial fishing
devices" for the purposes of this Code are defined as follows:
buoyed gangings, set gangings, bank pole and line, throw line
or trot line having more than 50 hooks, seine, pocket seine,
otter trawl, dip net, throw net, gill net, trammel net, basket
trap, hoop net, wing net, pound net, trap net, any watercraft used as a primary collection device, and any and
all other devices considered as commercial devices by the
Department when used in the taking of any aquatic life, except
mussels, protected by the terms of this Code.
(Source: P.A. 98-336, eff. 1-1-14.)
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(515 ILCS 5/15-20) (from Ch. 56, par. 15-20)
Sec. 15-20. Commercial fish species designated by the Department; method of taking. Bloater chubs, smelt, and yellow perch may be taken in Lake
Michigan with gill nets or dip nets but no other net shall be used for
taking these fish in Lake Michigan. All trout, including lake trout, salmon, and lake whitefish may not be taken by commercial fishing devices, including gill or pound nets. Any incidental catch of trout, including lake trout, salmon, and lake whitefish taken in legal sized gill or pound nets must be returned immediately to the water. The methods of taking are subject to modification by administrative rule based upon lake-wide scientific assessment data or fishery management need.
(Source: P.A. 100-168, eff. 1-1-18.)
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(515 ILCS 5/15-25) (from Ch. 56, par. 15-25)
Sec. 15-25.
Making holes in ice.
Holes cut in ice for the purpose of
seining and netting shall be marked so as to be clearly visible.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-30) (from Ch. 56, par. 15-30)
Sec. 15-30.
(Repealed).
(Source: P.A. 87-833. Repealed by P.A. 100-168, eff. 1-1-18.)
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(515 ILCS 5/15-32) (from Ch. 56, par. 15-32)
Sec. 15-32. Lake Michigan commercial licenses.
(a) The Department may issue a maximum of 5 commercial licenses for taking from the Illinois waters of Lake Michigan yellow
perch, bloater chub, and other commercial fish species designated by Department rule.
All licenses issued under this Section shall be valid for a period of 3 years.
The catch limits established by the Department for the taking of yellow
perch, bloater chub, and other designated commercial fish species shall be the same for all active licensees.
(b) At times determined by the Director, the Department shall advertise a public drawing to accept new qualified commercial fishing candidates and establish a ranking order for these new candidates to fill open Lake Michigan commercial fishing licenses. This ranking order shall continue to be used until the list of eligible candidates is exhausted.
(Source: P.A. 100-169, eff. 1-1-18.)
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(515 ILCS 5/15-35) (from Ch. 56, par. 15-35)
Sec. 15-35.
Mussels; open season.
Mussels may be taken only during the
period of April 1 to September 30, both inclusive, and then only
from
sunrise to sunset and only by means of crowfoot bars or hand picking, with
or without the aid of air breathing apparatus. Mussels may be taken from the
Mississippi, Ohio,
Wabash, and Illinois rivers. Mussel fishing is permitted in other waters only
upon written authorization from the Department.
(Source: P.A. 90-490, eff. 8-17-97.)
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(515 ILCS 5/15-40) (from Ch. 56, par. 15-40)
Sec. 15-40.
Mussels; size limit.
All mussels taken shall be not less
than 2 1/2 inches on the shortest line from the center of the hinge side
and at a right angle across the shell to the outer edge.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-45) (from Ch. 56, par. 15-45)
Sec. 15-45.
Commercial possession.
Any person operating commercial
fishing or mussel devices shall have in his or her possession only those
species of aquatic life specified in administrative
rules.
(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/15-46) Sec. 15-46. Taking of roe-bearing species by commercial device. (a) All commercial fishermen shall procure a commercial roe harvest permit in addition to their commercial fishing license before taking roe-bearing species with commercial fishing devices from the waters of the State legally open to commercial fishing. Any person found guilty of a violation of this subsection (a) is subject to the penalties provided in Section 20-91 of this Code.
(b) Any incidental catch of aquatic life not authorized for taking with commercial devices must be returned immediately without harm to the water. Any person found guilty of a violation of this subsection (b) is guilty of a Class B misdemeanor.
(Source: P.A. 95-147, eff. 8-14-07.) |
(515 ILCS 5/15-50) (from Ch. 56, par. 15-50)
Sec. 15-50.
Regulation.
Except as provided in Section 20-90
no person shall buy, sell or barter, or offer to buy, sell or
barter, nor shall any commercial institution or any regularly
operated refrigerated storage establishment have in its possession,
aquatic life protected by this Code except those species taken
under the conditions and of the size described in Sections 15-55
and 15-60 and administrative rules pertaining to the taking of
commercial fish or mussels. Any person who is found guilty of
violating this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-55) (from Ch. 56, par. 15-55)
Sec. 15-55.
Aquatic life taken outside State and brought into State.
When legally taken from waters wholly outside the jurisdiction of the
State of Illinois and legally transported into the State of Illinois, any
aquatic life of a legal size in the place of origin shall be deemed to be
of legal size in the State of Illinois if all containers in which the
aquatic life are contained or transported are clearly labeled with the
State and county of origin and also bear the name and mailing address of
the party having transported the aquatic life into the State of Illinois.
Any aquatic life not labeled as provided in this Section is prima facie
evidence that protected aquatic life has been taken in the State of Illinois.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-60) (from Ch. 56, par. 15-60)
Sec. 15-60.
Legal size; various species.
When taken from waters wholly
or in part within the boundaries of the State of Illinois, except from the
Ohio River, the following
species shall be not less in size than provided in this Section: channel
catfish, flathead catfish, blue catfish, or white catfish, 15 inches in
length undressed or 12 inches in length dressed.
(Source: P.A. 90-57, eff. 1-1-98.)
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(515 ILCS 5/15-65) (from Ch. 56, par. 15-65)
Sec. 15-65.
Modification by rule.
The provisions of Sections 15-20
through 15-60 are subject to modification by administrative rule.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-70) (from Ch. 56, par. 15-70)
Sec. 15-70.
Proof of taking in another state.
Failure to establish proof
that aquatic life protected by this Code was legally acquired in another
state and then imported into the State of Illinois is prima facie evidence
that the aquatic life was taken within the State of Illinois.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-75) (from Ch. 56, par. 15-75)
Sec. 15-75. Record of catch; inspection of record. Commercial fishermen, musselors, and commercial roe harvesters shall keep an accurate record of their catch. This record,
showing the species and number of pounds of fish, mussels, or roe taken, type of
commercial devices used, and location from which taken, shall be open for
inspection by the employees of the Department at all times. This
information shall be submitted to the Department on forms furnished for
that purpose by the Department and at intervals prescribed by the
Department. Failure to submit reports, as required, shall be grounds for
license suspension or revocation.
(Source: P.A. 95-147, eff. 8-14-07.)
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(515 ILCS 5/15-80) (from Ch. 56, par. 15-80)
Sec. 15-80.
Otter trawl.
It is unlawful for any person to use any otter
trawl or modified bag seine used in the manner of an otter trawl in any of
the waters within the jurisdiction of this State. In the waters of Lake
Michigan under the jurisdiction of the State of Illinois, however, an otter
trawl or other developmental commercial fishing gear operated by suitable
boat or launch may be used in accordance with regulatory provisions
provided by the Department as a cooperative measure with other States
bordering the Great Lakes, including United States and Canadian governmental
agencies.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-85) (from Ch. 56, par. 15-85)
Sec. 15-85. Dragging nets. It shall be unlawful to pull, drag, haul, or
draw to, towards, or near the shore of any body of water, or to or against
a backstop, a net device of any kind except a seine. Nothing in this Section, however, shall prohibit the use of a trammel or gill net attached to a single boat while the net is being placed, set, or adjusted.
(Source: P.A. 95-147, eff. 8-14-07.)
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(515 ILCS 5/15-90) (from Ch. 56, par. 15-90)
Sec. 15-90.
Nets or seines in Lake Michigan.
It shall be unlawful to
set, drift, or drag any net or seine except a minnow seine in Lake Michigan
within 1,000 yards of any pier or pillar or of the low water mark on the
shore line.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-95) (from Ch. 56, par. 15-95)
Sec. 15-95.
Dragging trot, set, or throw lines.
It shall be unlawful to
drag, pull, or move through the water any trot, set, or throw line in a
manner that snares or causes hooks to be drawn into the body of the fish.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-100) (from Ch. 56, par. 15-100)
Sec. 15-100.
Length and mesh size of seine.
Except as provided in
Sections 20-5 through 20-25, any person may use a single seine not
exceeding 100 yards in length of 1 1/2 inch bar measurement. In all seines
over 100 yards in length it shall be unlawful at any time to use any mesh
less than 2 inch bar measurement except that all seines over 100 yards in
length may have a section of the seine not more than 300 feet in length of
1 1/2 inch bar measurement. No seine shall be more than 1500 yards in
length. If seines are more than 200 yards in length they must be operated
with a backstop constructed of vertical slats not less than 1 1/4 inches
apart or 3 inch bar measurement netting or of chicken wire or metallic
cloths of not less than 1 1/2 inches square and shall not be dragged or
otherwise operated in less than 2 feet of water.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-105) (from Ch. 56, par. 15-105)
Sec. 15-105. Devices near spillways, fishways, lakes, and dams. (a) Except as otherwise provided in subsection (b), it shall be unlawful to use or operate any commercial devices within
300 yards above or below all spillways, fishways, or locks or dams of any
type or in a manner that obstructs more than one-half the width of any
stream or watercourse.
(b) A commercial fisherman may obstruct more than one-half the width of any stream or watercourse if: (i) the commercial fisherman is within sight of his or her gear and available to prevent boaters from contacting his or her nets; and (ii) the commercial fisherman places at least 2 fluorescent orange buoys that are at least 2 feet in diameter on the opposite side of the net from which the commercial fisherman is working to warn boaters of the presence of the commercial fisherman's nets. (Source: P.A. 102-724, eff. 1-1-23.)
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(515 ILCS 5/15-110) (from Ch. 56, par. 15-110)
Sec. 15-110.
Seines for minnows or crayfish.
It is unlawful to use a
seine for the taking of minnows or crayfish that has mesh larger than 1/2
inch bar measurement or is larger than 20 feet in length or 6 feet in
depth. Minnow seines used in waters designated by the Department by
administrative rule for commercial fishing, however, may be of any length
but not more than 6 feet in depth with a bag not more than 6 feet in length.
Minnow traps are unlawful if they are more than 24 inches in width or
diameter or 36 inches in length or use a mesh more than 1/2 inch bar
measurement. Minnow dip nets shall be unlawful if they are more than 48
inches in width or diameter.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-115) (from Ch. 56, par. 15-115)
Sec. 15-115.
Basket traps and hoop nets.
Except as provided in Section
20-25, it is unlawful to use any basket trap other than a basket trap
constructed of wood or plastic slats. A legal trap must have an
unobstructed opening or openings in the rear end of the trap not less than
1 1/2 inches square. It is unlawful to use a hoop net of mesh less than 1
inch bar measurement, or attached wings and leads of a material smaller
than number 9 twine.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-120) (from Ch. 56, par. 15-120)
Sec. 15-120.
Mesh size of dip nets.
It shall be unlawful to use any dip
net having a mesh less than 1 1/2 inches bar measurement or more than 15
feet square or in diameter.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-125) (from Ch. 56, par. 15-125)
Sec. 15-125.
Live box or live net.
All live boxes and live nets in which
any aquatic life protected by this Code is held shall be plainly labeled
with the name and address of the owner.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
Sec. 15-130. Gill or trammel net. It shall be unlawful to use a gill or
trammel net except in the Mississippi River, in the Ohio River, and in the
Illinois River from
its mouth up to the Illinois River bridge, Highway Route 89, including
adjacent backwaters but not above the mouth of any stream, ditch, or
tributary connected to these backwaters. No gill or trammel net shall be less than 100 feet in length.
All gill or trammel nets that are set in any body of water shall be under
the immediate supervision of the operator, who may be the licensee or his
or her employee, except (i) from May 1 to September 30, (ii) when the nets
are set under the ice, (iii) from sunset to sunrise, or (iv) as specified by administrative rule. Immediate
supervision shall be defined as the operator being on the waters where the
nets are set to be readily available to identify the nets to law
enforcement officers empowered to enforce this Code. It shall be unlawful
for any employee on any one day to lift or attend nets of more than
one licensee.
All gill or trammel nets set under the ice shall be at a distance of not
less than 100 yards from any natural opening in the ice.
A net shall be defined as a "trammel net" for the purposes of enforcing this Code if: (i) there are no less than 3 panels of mesh tied to a single float and lead line; (ii) the outer panels of mesh are constructed of a number 9 or larger diameter twine; (iii) the outer panels of mesh are diamond shaped and no greater than 40 inch bar measure; and (iv) the inner panel of mesh is not less than 2 inches bar measure. A net shall be defined as a "gill net" for the purposes of enforcing this Code if it is constructed of a single panel of mesh that is not less than 3 inches bar measure that is tied to a single float and lead line. The Department may modify provisions of this Section as provided in
Section 1-135.
(Source: P.A. 102-724, eff. 1-1-23.)
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(515 ILCS 5/15-135) (from Ch. 56, par. 15-135)
Sec. 15-135. License in possession.
(a) It is unlawful, for the purposes of operation of fishing or musseling devices, (i) for licensed commercial fishermen or
musselors to
loan licenses to any other individual, or (ii) for any person to possess the license of another. (b) It shall be unlawful to disturb in any manner the licensed devices
of another person without consent of that person.
(Source: P.A. 95-147, eff. 8-14-07.)
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(515 ILCS 5/15-140) (from Ch. 56, par. 15-140)
Sec. 15-140.
Spacing of hooks.
All trot lines, throw lines, or similar
devices except trolley or power lines used in Lake Michigan shall have
hooks spaced at intervals of not less than 24 inches.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-145) (from Ch. 56, par. 15-145)
Sec. 15-145.
Tagging commercial devices.
It shall be the
responsibility of each person licensed as a commercial fisherman or
musselor to furnish and attach to each commercial device being used a metal
tag inscribed with the name and address of the licensee. Absence of this
tagging shall be prima facie evidence that the commercial fishing or mussel
device or devices are illegally used and the devices shall be confiscated
and disposed of as directed by the Department.
(Source: P.A. 87-833.)
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(515 ILCS 5/15-150)
Sec. 15-150. (Repealed).
(Source: P.A. 87-833. Repealed by P.A. 95-147, eff. 8-14-07.)
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(515 ILCS 5/15-155) Sec. 15-155. Watercraft used as a primary collection device for commercial fishes. Any person licensed as a commercial fisherman who wishes to use his or her watercraft as a primary collection device for commercial fishes must first obtain a commercial watercraft device tag. All watercraft used as a primary collection device must be legally licensed by the State and be in compliance with all Coast Guard boating regulations. This Section does not apply to any person taking Asian Carp by the aid of a boat for non-commercial purposes.
(Source: P.A. 98-336, eff. 1-1-14; 99-78, eff. 7-20-15.) |
(515 ILCS 5/Art. 20 heading) ARTICLE 20.
LICENSES AND PERMITS; EXEMPTIONS
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(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
Sec. 20-5. Necessity of license; exemptions.
(a) Any person taking or attempting to take any fish,
including minnows for commercial purposes, turtles, mussels, crayfish, or
frogs by any means whatever in any waters or lands wholly or in part
within the jurisdiction of the State, including that part of Lake
Michigan under the jurisdiction of this State, shall first obtain a
license to do so, and shall do so only during the respective
periods of the year when it shall be lawful as provided in this Code.
Individuals under 16, blind residents or residents with a disability, or individuals fishing at
fee fishing areas licensed by the Department, however, may fish with sport
fishing devices without being required to have a license. For the purpose of this
Section
an individual is blind or has a disability if that individual has a Class 2 disability
as defined in Section 4A of the Illinois Identification Card Act. For purposes
of this Section an Illinois Person with a Disability Identification Card issued under
the Illinois Identification Card Act indicating that the individual named on
the card has a Class 2 disability shall be adequate documentation of a
disability.
(b) A courtesy non-resident sport fishing license or stamp may be issued
at
the discretion of the Director, without fee, to (i) any individual officially
employed in the wildlife and fish or conservation department of another
state or of the United States who is within the State to assist or
consult or cooperate with the Director or (ii) the officials of other
states, the United States, foreign countries, or officers or
representatives of conservation organizations or publications while in
the State as guests of the Governor or Director.
(c) The Director may issue special fishing permits without cost to
groups of hospital patients or to individuals with disabilities for
use on specified dates in connection with supervised fishing for therapy.
(d) Veterans who, according to the determination of the Veterans'
Administration as certified by the Department of Veterans' Affairs, are at
least 10% disabled with service-related disabilities or in receipt of total
disability pensions may fish with sport fishing devices
during those periods of
the year it is lawful to do so without being required to have a license,
on the condition that their respective disabilities do not prevent them
from fishing in a manner which is safe to themselves and others.
(e) Each year the Director may designate a period, not to exceed 4 days
in duration, when sport fishermen may fish waters wholly or in
part within the
jurisdiction of the State, including that part of Lake Michigan under the
jurisdiction of the State, and not be required to obtain the license or
stamp required by subsection (a) of this Section, Section 20-10 or
subsection (a) of Section 20-55. The term of any such period shall be
established by administrative rule.
This subsection shall not apply to commercial fishing.
(f) The Director may issue special fishing permits without cost for a
group event, restricted to specific dates and locations if it is determined by
the Department that the event is beneficial in promoting sport fishing in
Illinois.
(Source: P.A. 99-143, eff. 7-27-15.)
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(515 ILCS 5/20-10) (from Ch. 56, par. 20-10)
Sec. 20-10.
Salmon stamp.
Any individual taking or attempting to take
salmon in Lake Michigan shall, in addition to any other license required by
this Code, first obtain a salmon stamp authorized by the Department and affix
it to his or her license. Individuals not required to obtain a license are not
required to obtain a salmon stamp.
(Source: P.A. 87-135; 87-833; 87-895; 88-91.)
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(515 ILCS 5/20-11)
Sec. 20-11.
Inland trout stamp.
Any individual taking or attempting to
take trout in all waters except Lake Michigan shall, in addition to any other
license required by this Code, first obtain an inland trout stamp authorized by
the Department. Individuals not required to obtain a license are not required
to obtain an inland trout stamp.
(Source: P.A. 88-91.)
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(515 ILCS 5/20-15) (from Ch. 56, par. 20-15) Sec. 20-15. Owners fishing own land; exemption. The owners or bona fide
tenants of lands, actually residing on the lands and their children,
parents, brothers, and sisters actually permanently residing with them have
the right to take with a sport fishing device fish of the
kind permitted to be
taken or caught under this Code from waters lying upon or flowing over the
lands without procuring licenses to do so. This exemption does not apply to
club lakes, organizational lakes, or lake developments. Any individual on
active duty with the armed forces of the United States who is now and was
at the time of entering the Armed Forces a resident of Illinois, who
entered the Armed Forces from this State, and who is presently on ordinary
or emergency leave from the Armed Forces has the right to catch or take with a sport
fishing device fish permitted to be taken or caught by this Code without procuring a
license. Any individual exempt from licensure under this Section has only
the authority and privileges in taking fish as are provided by this Code.
Fishing by an exempt individual may be done only during seasons when
it is lawful.(Source: P.A. 96-1226, eff. 1-1-11.) |
(515 ILCS 5/20-20) (from Ch. 56, par. 20-20)
Sec. 20-20.
Non-resident licenses.
Any individuals 16 years of age or
older not residents of the State of Illinois shall, before taking or
attempting to take any aquatic life protected by this Code by any means
whatever in the State of Illinois, obtain a non-resident license to do so.
In addition, before taking or attempting to take salmon from Lake Michigan,
a non-resident 16 years of age or older shall obtain a salmon stamp authorized
by the Department, and before taking or attempting to take trout from all
waters except Lake Michigan, a non-resident 16 years of age or older shall
obtain an inland trout stamp authorized by the Department.
(Source: P.A. 87-833; 88-91.)
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(515 ILCS 5/20-25) (from Ch. 56, par. 20-25)
Sec. 20-25.
Persons controlling artificial lakes.
The owners or tenants
residing on, or members of private clubs that own or control by lease,
lands encompassing artificial lakes of less than 30 acres that belong to
the property and are supplied with waters from springs or surface drainage
of intermittent streams are permitted to catch or take any of the fish
protected by this Code, except largemouth, smallmouth, or spotted bass,
with any size mesh hoop nets constructed of cotton, linen, or synthetic
cord, or any size mesh seines not to exceed 100 yards in length, wire nets
or baskets or traps, with or without wings, of any size mesh, from these
ponds or lakes without obtaining any license for the devices, and then only
for the purpose of fish management.
Any fish designated by administrative rule concerning commercial
species so taken may be disposed of by sale or barter. Any other fish
so taken may not be sold or bartered.
(Source: P.A. 87-833.)
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(515 ILCS 5/20-30) (from Ch. 56, par. 20-30)
Sec. 20-30.
Application; issuance of license.
No license shall be
issued to use sport fishing or trot line devices, or any
other fishing
devices, until application has been made to the Department, to any county,
city, village, township, or incorporated town clerk, or any other person
authorized or designated by the Department to issue licenses. Each clerk
designating agents to issue licenses and salmon stamps shall furnish the
Department, within 10 days following the appointment, the names and mailing
addresses of the agents. Applications shall be executed and sworn to and
shall set forth the name and description of the applicant and place of
residence. No license or salmon stamp shall be issued except upon definite
proof of identity and place of legal residence.
No clerk shall sell any license or salmon stamp at any place
other than within the territorial area for which he or she was elected or
appointed. No duly designated agent is authorized to furnish licenses
or salmon stamps for issuance by any other business
establishment.
(Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.)
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(515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
Sec. 20-35. Offenses.
(a) Except as prescribed in Section 5-25 and unless otherwise provided in
this Code, any person who is found guilty of violating any of the provisions
of this Code, including administrative rules, is guilty of a petty offense.
Any person who violates any of the provisions of Section 15-45 or 15-60, including administrative rules related to those Sections, is guilty of a Class C misdemeanor.
Any person who violates any of the provisions of Section 5-20, 10-5,
10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, 10-60, 10-70, 10-75, 10-95,
10-115, 10-135, 15-5, 15-10, 15-15, 15-20, 15-30, 15-32, 15-40, 15-46(b), 15-55,
15-60, 15-65, 15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110,
15-115, 15-120, 15-130, 20-70, 20-75, 20-80, 20-85 (except subsections (b), (c), (d), (e), (f), and (g)), 20-125(c), 25-5, 25-10, 25-15, or
25-20 of this Code, including administrative rules relating to those Sections,
is guilty of a Class B misdemeanor.
Any person who violates any of the provisions of Section 1-200, 1-205,
10-55, 10-80, 10-100(b), 15-35, 15-46(a), 15-135, 20-91, 20-92, 20-120, or 20-125(d) of this Code, including administrative rules
relating to those Sections, is guilty of a Class A misdemeanor.
Any person who violates any of the provisions of this Code, including
administrative rules, during the 5 years following the revocation of his or
her license, permit, or privileges under Section 20-105 is guilty of a Class
A misdemeanor.
Any person who violates Section 5-25 of this Code, including administrative
rules, is guilty of a Class 3 felony except as otherwise provided in subsection (a) of Section 5-25.
(b)(1) It is unlawful for any person to take or attempt to take aquatic
life from any aquatic life farm except with the consent of the owner of the
aquatic life farm. Any person possessing fishing tackle on the premises of an
aquatic life farm is presumed to be fishing. The presumption may be rebutted
by clear and convincing evidence. All fishing tackle, apparatus, and vehicles
used in the violation of this subsection (b) shall be confiscated by the
arresting officer. Except as otherwise provided in this subsection, the
seizure and confiscation procedures set forth in Section 1-215 of this Code
shall apply. If the confiscated property is determined by the circuit court
to have been used in the violation of this subsection (b), the confiscated
property shall be sold at public auction by the county sheriff of the county
where the violation occurred. The proceeds of the sale shall be deposited in
the county general fund; provided that the auction may be stayed by an
appropriate court order.
(2) A violation of paragraph (1) of this subsection (b) is a Class A
misdemeanor for a first offense and a Class 4 felony for a second or subsequent
offense.
(c)(1) It is unlawful for any person to trespass or fish on an aquatic life
farm located on a strip mine lake or other body of water used for aquatic life
farming operations, or within a 200 foot buffer zone surrounding cages or
netpens that are clearly delineated by buoys of a posted aquatic life farm, by
swimming, scuba diving, or snorkeling in, around, or under the aquatic life
farm or by operating a watercraft over, around, or in the aquatic life farm
without the consent of the owner of the aquatic life farm.
(2) A violation of paragraph (1) of this subsection (c) is a Class B
misdemeanor for a first offense and a Class A misdemeanor for a second or
subsequent offense. All fishing tackle, apparatus, and watercraft used in a
second or subsequent violation of this subsection (c) shall be confiscated by
the arresting officer. Except as otherwise provided in this subsection, the
seizure and confiscation procedures set forth in Section 1-215 of this Code
shall apply. If the confiscated property is determined by the circuit court
to have been used in a violation of this subsection (c), the confiscated
property shall be sold at public auction by the county sheriff of the county
where the violation occurred. The proceeds of the sale shall be deposited
in the county general fund; provided that the auction may be stayed by an
appropriate court order.
(d) Offenses committed by minors under the direct control or with the
consent of a parent or guardian may subject the parent or guardian to the
penalties prescribed in this Section or as otherwise provided in this Code.
(e) In addition to any fines imposed under this Section, or as otherwise
provided in this Code, any person found guilty of unlawfully taking or
possessing any aquatic life protected by this Code shall be assessed a
civil penalty for that aquatic life in accordance with the values
prescribed in Section 5-25 of this Code. This civil penalty shall be
imposed at the time of the conviction by the Circuit Court for the county
where the offense was committed. Except as otherwise provided for in
subsections (b) and (c) of this Section, all penalties provided for in this
Section shall be remitted to the Department in accordance with the provisions
of Section 1-180 of this Code.
(Source: P.A. 94-222, eff. 7-14-05; 94-592, eff. 1-1-06; 95-147, eff. 8-14-07; 95-331, eff. 8-21-07.)
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(515 ILCS 5/20-40) (from Ch. 56, par. 20-40)
Sec. 20-40.
(Repealed).
(Source: Repealed by P.A. 88-91.)
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(515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
Sec. 20-45. License fees for residents. Fees for licenses for residents
of the State of Illinois shall be as follows:
(a) Except as otherwise provided in this Section, for | ||
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(a-3) Except as otherwise provided in this Section, | ||
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(a-5) The fee for all sport fishing licenses shall be | ||
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(b) All residents before using any commercial fishing | ||
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(1) For each 100 lineal yards, or fraction | ||
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(2) For each device to fish with a 100 hook trot | ||
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(3) When used in the waters of Lake Michigan, for | ||
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(4) For each 100 lineal yards, or fraction | ||
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(c) Residents of this State may obtain a sportsmen's | ||
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(c-5) Residents of this State may obtain a 3-year | ||
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(d) For 24 hours of fishing by sport fishing devices | ||
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(e) All residents before using any commercial mussel | ||
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(f) Residents of this State, upon establishing | ||
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(1) Lifetime fishing: 30 x the current fishing | ||
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(2) Lifetime hunting: 30 x the current hunting | ||
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(3) Lifetime sportsmen's combination license: 30 | ||
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Lifetime licenses shall not be refundable. A $10 fee shall be charged
for reissuing any lifetime license. The Department may establish rules and
regulations for the issuance and use of lifetime licenses and may suspend
or revoke any lifetime license issued under this Section for violations of
those rules or regulations or other provisions under this Code or the
Wildlife Code, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fish or aquatic life protected by this Code or the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any fauna protected by the Wildlife Code when any part of the United States Code violation occurred in Illinois. Individuals under 16 years of age who possess a lifetime
hunting or sportsmen's combination license shall have in their possession,
while in the field, a certificate of competency as required under Section
3.2 of the Wildlife Code. Any lifetime license issued under this Section
shall not exempt individuals from obtaining additional stamps or permits
required under the provisions of this Code or the Wildlife Code.
Individuals required to purchase additional stamps shall sign the stamps
and have them in their possession while fishing or hunting with a lifetime
license. All fees received from the issuance
of lifetime licenses shall be deposited in the Fish and Wildlife Endowment
Fund.
Except for licenses issued under subsection (e) of this Section, all
licenses provided for in this Section shall expire on March 31 of
each year, except that the license provided for in subsection (d) of
this Section shall expire 24 hours after the effective date and time listed
on the face of the license. Licenses issued under subsection (a-3) or (c-5) shall expire on March 31 of the 2nd year after the year in which the license is issued.
The Department shall by administrative rule provide for the automatic renewal of a fishing license upon the request of the applicant. All individuals required to have and failing to have the license provided
for in subsection (a), (a-3), or (d) of this Section shall be fined according to the
provisions of Section 20-35 of this Code.
All individuals required to have and failing to have the licenses
provided for in subsections (b) and (e) of this Section shall be guilty of a
Class B misdemeanor.
(g) For the purposes of this Section, "acceptable verification" means official documentation from the Department of Defense
or the appropriate Major Command showing mobilization dates or service abroad
dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of
Military Affairs for members of the Illinois National Guard, (iii) a letter
from the Regional Reserve Command for members of the Armed Forces Reserve,
(iv) a letter from the Major Command covering Illinois for active duty
members, (v) personnel records for mobilized State employees, and (vi) any
other documentation that the Department, by administrative rule, deems
acceptable to establish dates of mobilization or service abroad. For the purposes of this Section, the term "service abroad" means active
duty service outside of the 50 United States and the District of Columbia, and
includes all active duty service in territories and possessions of the United
States. (Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; 103-456, eff. 1-1-24.)
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(515 ILCS 5/20-47)
Sec. 20-47. Military members returning from mobilization and service outside the United States. (a) After returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, an Illinois resident may fish as permitted by this Code without paying any fees required to obtain a fishing license for the time period prescribed by subsection (b) of this Section if the Illinois resident applies for a license within 2 years after returning from service abroad or mobilization. The applicant shall provide acceptable verification of service or mobilization to the Department. The Department shall establish by
administrative rule the procedure by which such verification of service
shall be made to the Department for the purpose of issuing fishing licenses
to resident active duty members of the United States Armed Forces, the
Illinois National Guard, or the Reserves of the United States Armed Forces. (b) For each year that an applicant is an active duty member pursuant to subsection (a) of this Section, the applicant shall receive one free fishing license. For the purposes of this determination, if the period of active duty is a portion of a year (for example, one year and 3 months), the applicant will be credited with a full year for the portion of a year served. (c) (Blank).
(d) For the purposes of this Section, "acceptable verification of service or mobilization" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad. (e) For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States. (Source: P.A. 102-780, eff. 5-13-22.) |
(515 ILCS 5/20-50) (from Ch. 56, par. 20-50)
Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp shall be $6 for
both resident and non-resident licensees. The fee for a salmon stamp shall be waived for residents over 75 years of age. Every person shall sign the salmon
stamp or affix the salmon stamp to his or her license. These stamps shall
expire on March 31 of each year. All individuals required to have and failing
to have a salmon stamp as provided in Section 20-10 of this Code shall be
guilty of a petty offense.
(Source: P.A. 98-800, eff. 8-1-14.)
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(515 ILCS 5/20-51)
Sec. 20-51. Inland trout stamp. The fee for an inland trout stamp shall
be $6 for both resident and nonresident licensees. The fee for an inland trout stamp shall be waived for residents over 75 years of age. These stamps shall expire
on March 31 of each year. All individuals required to have and who fail to
have an inland trout stamp, as provided in Section 20-11 of this Code, shall be
guilty of a petty offense.
(Source: P.A. 98-800, eff. 8-1-14.)
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(515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
Sec. 20-55. License fees for non-residents. Fees for licenses for
non-residents of the State of Illinois are as follows:
(a) For sport fishing devices as defined by Section
10-95, or spearing
devices as defined in Section 10-110, non-residents age 16 or older shall be
charged $31 for a fishing license to fish. For sport fishing devices as defined
by Section 10-95, or spearing devices as defined in Section 10-110, for a
period not to exceed 3 consecutive days fishing in the State of Illinois the
fee is $15.00.
For sport fishing devices as defined in Section 10-95,
or spearing
devices as defined in Section 10-110, for 24 hours of fishing the fee is $10. This license does not exempt the licensee from
the salmon or inland trout stamp requirement.
(b) All non-residents before using any commercial fishing device
shall obtain a non-resident commercial fishing license, the fee for
which shall be $300, and a non-resident fishing license. Each and every commercial device shall be
licensed by a non-resident commercial fisherman as follows:
(1) For each 100 lineal yards, or fraction thereof, | ||
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(2) For each device to fish with a 100 hook trot line | ||
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(3) For each 100 lineal yards, or fraction thereof, | ||
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(4) For each 100 lineal yards, or fraction thereof, | ||
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All persons required to have and failing to have the license provided
for in subsection (a) of this Section shall be fined under Section 20-35
of this Code. Each person required to have and failing to have the
licenses required under subsection (b) of this Section shall be guilty of a
Class B misdemeanor.
All licenses provided for in this Section shall expire on March 31 of
each year; except that the 24-hour license for sport fishing devices or
spearing devices shall
expire 24 hours after the effective date and time listed on the face of the
license and licenses for sport fishing devices
or spearing
devices for a period not to exceed 3 consecutive days fishing in the
State of Illinois as provided in subsection (a) of this Section shall
expire at midnight on the tenth day after issued, not counting the day
issued.
(Source: P.A. 99-78, eff. 7-20-15.)
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(515 ILCS 5/20-56) Sec. 20-56. First-time fishing license. Except as otherwise provided in this Code, for sport fishing devices as defined in Section 10-95 or spearing devices as defined in Section 10-110, any resident of Illinois who is 26 years of age or older who has not purchased a resident fishing license in the past 10 years is eligible to receive a one-time annual resident fishing license for a fee of $5. Any nonresident who is 26 years of age or older and has not purchased a nonresident fishing license in the past 10 years is eligible to receive a one-time annual sport fishing license for a fee of $10.(Source: P.A. 103-528, eff. 1-1-24.) |
(515 ILCS 5/20-60) (from Ch. 56, par. 20-60)
Sec. 20-60.
Reciprocal fishing agreements.
The Department of Natural
Resources may in its discretion enter into reciprocal
fishing agreements
with the States of Missouri, Iowa, Wisconsin, Kentucky, and Indiana to
permit persons licensed or legally exempt from licenses by those states to
fish in any of the waters forming a boundary between those states and the
State of Illinois and lying within the territorial jurisdiction of this
State in the same manner and to the same extent that persons holding or
legally exempt from Illinois licenses may do if the laws of Missouri, Iowa,
Wisconsin, Kentucky, and Indiana, respectively, extend a similar privilege
to persons licensed or legally exempt under the laws of this State. Such an
agreement shall be made subject, however, to the duties, responsibilities,
and liabilities imposed on its own licensees by the terms of this Code and
the laws of this State and shall be further subject to revocation at any
time whenever revocation shall be deemed necessary in the discretion of the
Department of Natural Resources of this State.
(Source: P.A. 89-445, eff. 2-7-96.)
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(515 ILCS 5/20-65) (from Ch. 56, par. 20-65)
Sec. 20-65.
Tags for devices.
Each licensee of any of the devices or
boats named in this Code, other than a sport fishing device, shall receive from
the person issuing the license a tag, furnished by the Department. The tag
shall be attached to the device licensed in the following manner:
(a) On a seine the tag shall be attached to the brail | ||
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(b) Nets of any type shall be tagged on the rear | ||
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(c) All other devices shall be tagged in a position | ||
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The Department may furnish sport fishing licensees with
an insignia as
evidence of possession of licenses as the Department may consider
advisable. The insignia shall be exhibited and used as the Department
may establish by rule.
(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/20-70) (from Ch. 56, par. 20-70)
Sec. 20-70. Non-resident and resident aquatic life
dealers. (a) Non-resident aquatic life dealers. Any person not a resident
of Illinois who sells or ships to other wholesalers, retailers, or
consumers any of the aquatic life protected by this Code, whether from
waters within or without the State is a non-resident aquatic life dealer within
the meaning of this Code.
All licenses issued to non-resident aquatic life
dealers are valid only in
the location described and designated in the application for the
license. Wholesalers may deliver their products by truck or common
carrier of any type but must possess a separate license for each truck
from which aquatic life are being sold if business is solicited
from the
trucks.
Application for a non-resident aquatic life dealer's license shall be made to
and upon forms furnished by the Department and shall be in the form as the
Department may prescribe. The annual fee for a non-resident aquatic life
dealer's
license shall be $100. All non-resident aquatic life dealer licenses shall expire
on March 31 of each year.
Non-residents purchasing aquatic life in Illinois for sale solely outside
the State are exempt from possessing an aquatic life dealer's license if
purchases are made from a licensed resident wholesale or retail aquatic life
dealer.
(b) Resident aquatic life dealer's licenses. Any person conducting a fish market
or buying, selling, or shipping any aquatic life (except minnows) protected
by this Code, whether from waters within or without the State, shall first
procure a license from the Department to do so, including any commercial
fisherman selling live fish for stocking only. Any commercial fisherman selling fish
legally caught or taken by themselves to a resident licensed wholesale aquatic life
dealer, however, is exempt from the provisions of this Section.
(1) Wholesale aquatic life dealer's license. Any | ||
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This provision, however, does not apply to minnows or | ||
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All licenses issued to resident wholesale aquatic | ||
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(2) Retail aquatic life dealer's license. Any | ||
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This provision, however, does not apply to minnows or | ||
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All licenses issued to resident aquatic life dealers | ||
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Applications for resident retail aquatic life | ||
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(3) Separate licenses. A license shall be procured | ||
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(c) The Department may adopt administrative rules pertaining to non-resident and resident aquatic life dealers. Any person who violates any provision of this Section 20-70, or related administrative rule, is guilty of a Class B misdemeanor.
(Source: P.A. 100-256, eff. 1-1-18.)
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(515 ILCS 5/20-75) (from Ch. 56, par. 20-75)
Sec. 20-75. Mussel dealer permits; fees; violations. Any person, before
receiving, buying, or offering to do so, or acting as an agent or broker in
receipt or purchase of mussels, within the State of Illinois, shall first
obtain a permit from the Department to do so.
The fee for a permit for residents of the State of Illinois shall be $300
a year, and for non-residents of the State of Illinois the fee shall be
$2,500 a year. These permits shall expire on March 31 of
each year. A report of each year's activities of each person holding a
permit shall be required as directed by the Department.
(Source: P.A. 100-256, eff. 1-1-18.)
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(515 ILCS 5/20-80) (from Ch. 56, par. 20-80)
Sec. 20-80. Minnow dealers license; penalties. Any resident who, within
the State of Illinois, sells or offers for sale, to any other wholesaler or
retailer or for consumption, live minnows, whether from waters within or
without the State is an intrastate wholesale minnow dealer for purposes of
this Code. Any person selling live minnows for stocking only or selling
live minnows legally caught or taken by that person to a licensed wholesale
minnow dealer, however, is exempt from the provisions of this Section.
(a) Before any resident commences activities as an intrastate wholesale
minnow dealer, he or she shall first procure a license from the Department
to do so. The fee for the license shall be $25 and these licenses shall expire on March 31
of each year.
Before any resident commences activities as an intrastate retail minnow
dealer, he or she shall first obtain a license from the Department to
do so. The fee for the license shall be $5 and these licenses shall expire on March 31
of each year.
(b) Only persons who are actual residents of the State of Illinois
shall be permitted to transport live minnows obtained in the State of
Illinois across any of the borders of the State of Illinois. These persons
shall be interstate minnow dealers for purposes of this Code. Before
any resident of the State of Illinois shall commence activities as an
interstate minnow dealer, he or she shall first obtain a license from the
Department to do so. The fee for the license shall be $500 and these
licenses shall expire on March 31 of each year. This Section
shall not apply to a resident of the State of Illinois possessing a valid
sport fishing license. An individual possessing a valid
sport fishing
license shall be permitted to transport not more than 6 dozen live minnows
obtained in Illinois across the borders of the State of Illinois.
(c) The Department is authorized to establish regulations as may be
deemed necessary in the handling of minnows in order to protect the
resource as well as the public's interest.
(Source: P.A. 100-256, eff. 1-1-18.)
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(515 ILCS 5/20-82) Sec. 20-82. (Repealed). (Source: P.A. 96-452, eff. 8-14-09. Repealed internally, eff. 1-1-11.) |
(515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
Sec. 20-85. Taxidermist license.
(a) Before engaging in the business of taxidermy, every person shall
obtain a license for that purpose from the Department. Application for a
license shall be filed with the Department and shall set forth the name of
the applicant; its principal officers, if the applicant is a corporation,
or the partners, if the applicant is a partnership; the location of the
place of business; and any additional information the Department may
require. The annual fee for each taxidermist license shall be $25. All
licenses issued to taxidermists are valid only at the location described
and designated on the application for the license. All taxidermist licenses
shall expire on March 31 of each year. Individuals employed
by a
licensed taxidermist shall not be required to possess a taxidermist license
while working for and at the place of business of the license holder.
Licensed taxidermists shall submit to the Department a list naming all
individuals who will be working at the place of business specified on the
permit. Only those individuals whose names are on file with the Department
shall be authorized to work under the scope of the taxidermist's license.
(b) Taxidermists shall keep written records of all aquatic life or parts of
aquatic life received or returned by them. Records shall include the following
information:
(1) The date the aquatic life was received.
(2) The name and address of the person from whom the | ||
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(3) The number and species of all aquatic life | ||
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(4) The number and state of issuance of the fishing | ||
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(c) All aquatic life or parts of aquatic life that have been
received, preserved, mounted, or possessed by a taxidermist are required to
bear a coded origin tag or label. The coded origin tag or label shall
correspond with written records containing more complete information as
required by the Department.
(d) Taxidermy records shall be open for inspection by any peace officer
at any reasonable hour. Taxidermists shall maintain records for a period
of 2 years from the date of receipt of the aquatic life or for as long as
the specimen or mount remains in the taxidermist's possession, whichever is
longer.
The Department may require the taxidermist to submit to it any information
it deems necessary.
(e) No taxidermist shall have in his or her possession any aquatic
life that is not listed in his or her written records and properly
tagged or labeled.
(f) All persons licensed as taxidermists under this Code who shall ship any
aquatic life or parts of aquatic life that have been received, preserved, or
mounted shall tag or label the shipment and the tag or label shall state the
name of the taxidermist and the number and date of his or her license.
(g) Nothing in this Section removes taxidermists from responsibility for
the observance of any federal laws, rules, or regulations that may apply to the
taxidermy business.
(Source: P.A. 100-256, eff. 1-1-18.)
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(515 ILCS 5/20-90) (from Ch. 56, par. 20-90)
Sec. 20-90. Aquaculture permits. Any person who shall engage in the
breeding, hatching, propagation, or raising of aquatic life, whether
indigenous or non-indigenous to this State, shall first procure a permit
from the Department to do so. Aquatic life specified, which is bred,
hatched, propagated or raised by a person holding a permit as provided for
in this Section, may be transported and sold for food or stocking purposes.
Permittees who sell aquatic life propagated or raised under this permit are
exempt from possessing a fish or minnow dealers license.
Aquaculture permit holders shall maintain records of all aquatic life
bought, sold or shipped. These records shall include the name and address
of the buyer and seller, the appropriate license or permit number of the
buyer and seller, the date of the transaction, and the species, poundage,
and origin of aquatic life involved. The records shall be kept for a
minimum of 2 years from the date of the transaction and shall be made
immediately available to authorized employees of the Department upon
request. Records of the annual operations, as may be required by the
Department, shall be forwarded to the Department upon request.
Nothing in this Section shall be construed to give permittees
authority to take aquatic life in their wild or natural state, contrary
to other provisions of this Code, or to remove the
permittee from responsibility for the observance of any federal, State, or
local laws, rules, or regulations that may apply to the aquatic life.
Aquaculture permit holders may harvest aquatic life on licensed
aquaculture facilities with commercial fishing devices without obtaining
any license for these devices.
Before any person imports or receives live, non-indigenous aquatic life
for aquaculture or stocking purposes in this State, permission must be
obtained from the Department. Regulations governing non-indigenous aquatic
life shall be covered by administrative rule.
The annual fee for a permit under this Section shall be $50
and the permit shall expire on March 31 of each year.
Any person who violates any provisions of this Section, including
administrative rules relating to this Section, shall be guilty of a
business offense and fined not less than $1,000 and no more than $5,000.
Permitted aquaculture facilities are exempt from size, catch, and
possession limits and seasons on aquatic life when harvested, sold, or
transported, except when taken by sport fishing devices.
All permits issued under this Section are valid only in the location
described and designated in the application for such permit.
(Source: P.A. 100-256, eff. 1-1-18.)
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(515 ILCS 5/20-91) Sec. 20-91. Commercial roe harvest permit. (a) Any commercial fisherman who engages in taking roe-bearing species with commercial fishing devices from legally open waters of the State must annually procure a commercial roe harvest permit from the Department. All individuals assisting a licensed commercial roe harvester in taking roe bearing fishes must also have a commercial roe harvest permit unless these individuals are under the direct supervision of and aboard the same watercraft as the licensed commercial roe harvester. The annual fee for a commercial roe harvest permit is $250 for State residents and $3,500 for non-residents. All commercial roe harvest permits shall expire on May 31 of each year.
(b) It is unlawful for a commercial roe harvest permittee to possess roe more than 5 days after the conclusion of the harvest season without a commercial roe dealer permit.
(c) Violation of this Section is a Class A misdemeanor with a minimum mandatory fine of $500.
(Source: P.A. 95-147, eff. 8-14-07.) |
(515 ILCS 5/20-92) Sec. 20-92. Commercial roe dealer permit. (a) Any resident wholesale aquatic life dealer who buys, sells, or ships roe from roe-bearing species, whether from the waters within or without the State, must annually procure a commercial roe dealer permit from the Department in addition to an aquatic life dealers license. The annual fee for a commercial roe dealer permit is $500 for resident wholesale aquatic life dealers and $1,500 for non-resident aquatic life dealers. All commercial roe dealer permits shall expire on March 31 of each year.
(b) Legally licensed commercial roe dealer permit holders may designate up to 2 employees on their commercial roe dealer permit. Employees designated on a commercial roe dealer permit must retain a copy of this permit in their possession while transporting roe bearing fishes either whole or in part.
(c) A violation of this Section is a Class A misdemeanor with a minimum mandatory fine of $500.
(Source: P.A. 100-256, eff. 1-1-18.) |
(515 ILCS 5/20-95) (from Ch. 56, par. 20-95)
Sec. 20-95. Daily fee fishing area. Any person owning, controlling, or
operating a water area, including access to this water area, that is used
for fishing by those either directly or indirectly paying a daily fee for
fishing
shall make application to the Department for a license as provided in this
Section. Upon receipt of an application, the Department shall inspect the
proposed licensed area described in the application, the size and number of
water areas, source of fish for stocking, species of fish to be stocked and
determine the ability of the applicant to properly supervise a property of
this character. If the Department finds that (i) the area is suitable for
the purpose intended, (ii) the operation of the property is not a menace or
being established contrary to the laws of this State, (iii) the operations
of the fee fishing area will not work a fraud upon individuals utilizing
the facilities, and (iv) the issuing of the license will be in the public
interest, then the Department shall approve the application and issue a
license to operate a "Daily Fee Fishing Area" as described in the
application.
The fee for a license issued under this Section shall be $50 annually,
and the license shall expire on March 31 following its issuance.
Records of the season's operations, as may be required by the
Department, shall be forwarded to the Department by the licensee within
30 days after the expiration date of the license.
The Department may refuse to issue, refuse to renew, suspend, or revoke
any license issued under this Section if the Department finds that the
licensed area or its operator is not in compliance with this Section. The
Department, however, shall not refuse to issue or renew, or suspend or
revoke, any license for any cause other than the protection of public
health and safety or if the area is operated unlawfully, unless the
licensee affected is given at least 15 days notice, in writing, of the
reasons for the action of the Department and given an opportunity to appear
before the Department or its representative in opposition to the action of
the Department.
(Source: P.A. 100-256, eff. 1-1-18.)
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(515 ILCS 5/20-100) (from Ch. 56, par. 20-100)
Sec. 20-100.
Scientific collector's permit.
Permits may be granted by
the Department to properly accredited individuals of the age of 18 years
and older permitting the collection for strictly scientific purposes of any
aquatic life
protected under this Code, and their nests, eggs, and spawn.
The application for a permit for scientific purposes shall be subject to
the approval of the Department.
The holder of each scientific collector's permit shall make reports to
the Department as required.
(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
Sec. 20-105. Revocation and suspension; refusal to issue.
(a) Whenever a license or permit is issued to any person under this Code
and its holder is found guilty of any misrepresentation in obtaining the
license or permit or of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of any of the provisions of this Code,
including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any aquatic life protected by this Code when any part of the United States Code violation occurred in Illinois, the license or permit may be revoked by the
Department and the Department may refuse to issue any permit or license to
that person and may suspend the person from engaging in the activity
requiring the permit or license for a period of time not to exceed 5 years
following the revocation. Department revocation procedure shall be
established by administrative rule.
(b) Whenever any person who has not been issued a license or a permit
under the provisions of this Code is found guilty of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of the
provisions of this Code, including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any aquatic life protected by this Code when any part of the United States Code violation occurred in Illinois, the Department may
refuse to issue any permit or license to that person, and suspend that
person from engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years.
(c) Any person who knowingly or intentionally violates any
of the provisions of this Code, including administrative rules, during the
5 years following the revocation of his or her license or permit under
subsection (a) or during the time he is suspended under subsection
(b), shall be guilty of a Class A misdemeanor as provided in Section 20-35. The penalties for a violation of Section 48-3 of the Criminal Code of 2012 shall be as provided in that Section.
(d) A person whose license or permit to engage in any activity regulated
by this
Code has been suspended or revoked may not, during the period of the suspension
or
revocation or until obtaining such a license or permit, (i) be in the company
of any person
engaging in the activity covered by the suspension or revocation or (ii) serve
as a guide,
outfitter, or facilitator for a person who is engaged or prepared to engage in
the activity
covered by the suspension or revocation.
(e) No person may be issued or obtain a license or permit or engage in any
activity regulated by this Code during the time that the person's privilege to
engage in the
same or similar activities is suspended or revoked by another state, by a
federal agency,
or by a province of Canada.
(f) Any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. The Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Any person failing to comply with this subsection by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor. (Source: P.A. 102-837, eff. 5-13-22; 103-456, eff. 1-1-24.)
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(515 ILCS 5/20-110) (from Ch. 56, par. 20-110)
Sec. 20-110.
Possession of license, permit, or stamp.
Every person
holding any license, salmon stamp, inland trout stamp, or permit issued
under this Code shall have it in his or her possession for immediate
presentation for inspection to the authorized employees of the Department, or
to any sheriff, deputy sheriff, or any other peace officer, making a demand for
it within his or her jurisdiction.
(Source: P.A. 87-833; 88-91.)
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(515 ILCS 5/20-115) (from Ch. 56, par. 20-115)
Sec. 20-115.
Form of licenses, stamps, and permits.
Licenses, salmon
stamps, inland trout stamps, and permits authorized to be issued under this
Code shall be prepared by the Department and shall be in the form prescribed by
the Department. In addition, at the time of issuance, the information required
on each license shall be completed on it by the issuing agent or his or her
sub-agent and each license shall be signed by the licensee, or initialed by
the designated purchaser and then signed immediately upon receipt by the
licensee, and counter-signed
by the issuing agent or his or her sub-agent. All licenses
shall be supplied by the Department, subject to any rules and regulations
as the Department may prescribe. Any license not properly prepared,
obtained, and signed as required by this Code shall be void.
(Source: P.A. 90-225, eff. 7-25-97.)
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(515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
Sec. 20-120.
Designation of agents; liability; bond.
The Department of
Natural Resources has the authority to designate agents to
sell licenses, stamps, and permits on behalf of the Department. Any person
receiving licenses from the Department for sale as provided in this Section (i)
shall execute and deliver receipts for the licenses; (ii) shall, on dates
specified by the Department, report in writing to the Department the number and
kinds of licenses sold; and (iii) shall, with the report, make remittance to
the Department covering the amounts due it from the sales. Failure on the part
of any clerk or agent to fully comply with the provisions of this Code,
including administrative rules, shall be justification for the Department to
cancel or withdraw the issuance of licenses through that clerk or agent. A
salmon stamp shall be deemed a license for the purposes of this Section.
(a) Any person appointed or designated by the Department including any
county, city, village, township, or incorporated town clerk issuing licenses
provided for in this Code may add the fees provided in paragraph (b) as the
fee for issuing the licenses. These clerks, however, shall remit to the
treasurer of the political subdivision of which he or she is an officer or
employee, the added fees or any portion of the added fees he or she
collects provided in paragraph (b). Issuing fees may be divided between the
clerks and their appointed subagents other than employees of the clerk's
office, but in no case may any clerk or subagent charge an issuing fee or
fees totaling more than the issuing fee set out in this Section.
(b) Any person authorized to issue licenses under subsection (a) may add
to the license fee a fee of $.75 in the case of Sportsmen's Combination
Licenses or nonresident hunting licenses, and $.50 in the case of all other
licenses, permits, and stamps.
(c) No person or subagent of any county, city, village, township, or
incorporated town clerk may charge a service fee for issuing licenses
provided for in this Code, and the charging of fees for issuing licenses in
excess of the fees authorized is a petty offense.
Any person authorized to issue licenses by telephone and electronic
transmission or incurring costs for customer convenience may charge in addition
to the "issuing fee" authorized by this Section a fee not to exceed an amount
set by the Department, by administrative rule, to cover the transaction cost.
(d) All fees, less issuing fees, collected from the sale of licenses and
permits and not
remitted to the Department as provided in this Section shall be deemed
to have been embezzled and the person or officer responsible for the
remittance is subject to prosecution. No person handling or selling
licenses is required to remit for any license now or hereafter stolen,
by means of forcible entry, or destroyed by a fire in the premises where
the licenses are kept, if he or she submits an affidavit to the Department
describing the circumstances of the theft or cause of the destruction
and listing in the affidavit the type and numbers of the licenses so stolen
or destroyed.
(e) Within 30 days after the expiration of the time in which any
class of license is usable, payment for licenses sold shall be made in
full to the Department and persons possessing unused
license forms shall return them to the Department prepaid.
(f) No person is permitted to make deductions from remittances sent
to the Department for postage or for the cost of, or fees for, drafts
or money orders.
(g) Any county, city, village, township, or incorporated town clerk
handling or selling licenses as provided in this Section is liable to
the State personally. All other persons designated or appointed by the
Department to handle or sell licenses as provided in this Section shall,
before receiving any licenses for sale, file with the Department a bond
in an amount specified by the Department on a form to be approved by and
with a surety or sureties satisfactory to the Department conditioned
upon the person or persons paying to the State of Illinois all monies
becoming due by reason of the sale of the licenses.
(h) No person shall falsify, alter, or change in any manner, or loan
or transfer to another, any license, permit, or tag issued under this
Section or falsify any records required by this Code or counterfeit or
duplicate any form of license, permit, or tag provided for by this Code.
Any person who violates this subsection shall be subject to the penalty
provisions of Section 20-35 of this Code.
(Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97; 90-743, eff.
1-1-99.)
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(515 ILCS 5/20-125) (from Ch. 56, par. 20-125)
Sec. 20-125. Records; reports; receipts. (a) Any person engaged in the buying, selling, or shipping of aquatic life in the State, under Sections 20-70, 20-75, 20-80, 20-91, and 20-92 of this Act, shall maintain the following minimum records:
(1) the name and address of the buyer;
(2) the name and address of the seller;
(3) the date of the transaction;
(4) the species and quantity to the nearest half | ||
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(5) the license or permit number of the buyer and | ||
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Reports must be submitted to the Department on forms furnished for that purpose by the Department and at intervals prescribed by the Department by administrative rule. Failure to submit reports as required is grounds for license suspension or revocation.
(b) All aquatic life dealers, including but not
limited to minnow dealers, fish dealers, commercial roe dealers, mussel dealers, and breeders,
shall, upon purchasing or receiving any aquatic life protected by this
Code, issue a numbered receipt to the commercial fisherman, musselor,
dealer, breeder, or other person from whom the aquatic life was purchased,
setting forth the number of pounds and kinds of aquatic life, the date of
purchase, the price paid per pound for each species, the name and address
of the commercial fisherman, musselor, dealer, breeder, or other person
from whom the aquatic life was purchased, and the appropriate license
number of the commercial fisherman, musselor, dealer, breeder, or other
person from whom the aquatic life was purchased if applicable, and the
origin of the aquatic life.
The original receipt shall be retained by the aquatic life dealer for a
minimum of 2 years from the date of purchase listed on the receipt. A
duplicate receipt shall be given to the commercial fisherman, musselor, dealer,
breeder, or other person from whom the aquatic life was purchased at the
time of purchase.
(c) All receipts, reports, and records required by the Department in subsections (a) and (b) shall
be available for inspection by any authorized employee of the Department or
any other peace officer upon request. Failure to comply with the
provisions of this subsection (c) shall bar the licensee from obtaining a permit
or license for aquatic life purchasing for the following year. Any person
who violates any of the provisions of this subsection (c) shall be guilty of a
Class B misdemeanor.
(d) It is unlawful to falsify any information or record or to provide fraudulent information or records to the Department. Violation of this subsection (d) is a Class A misdemeanor.
(Source: P.A. 95-147, eff. 8-14-07.)
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(515 ILCS 5/Art. 25 heading) ARTICLE 25.
FISH PRESERVES AND TRANSPORTATION OF FISH
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(515 ILCS 5/25-5) (from Ch. 56, par. 25-5)
Sec. 25-5.
Aquatic life preserves; regulation of devices.
All
waters in the
State including boundary waters under jurisdiction of the State shall be
aquatic life preserves.
Sport fishing devices, except as
provided in this
Code and its administrative rules, are the only lawful means of taking
aquatic life.
The Department of Natural Resources, however, has the
authority through
administrative rule to prohibit all sport fishing or certain sport
fishing devices in designated waters and also has the authority through
administrative rule to allow commercial fishing in designated waters by
regulating commercial fishing devices used in the interest of the total
management of the fishery resource.
(Source: P.A. 89-66, eff. 1-1-96; 89-445, eff. 2-7-96.)
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(515 ILCS 5/25-10) (from Ch. 56, par. 25-10)
Sec. 25-10.
Mussel preserves.
The Department may, from time to time when
it shall deem feasible for the conservation of mussels, by administrative
rule prescribe waters to be known as mussel preserves from which mussels
shall not be taken for any purpose during any periods of time that in its
opinion may be required to restore a supply of mussel life to the waters.
(Source: P.A. 87-833.)
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(515 ILCS 5/25-15) (from Ch. 56, par. 25-15)
Sec. 25-15.
Destruction of posted notices.
It shall be unlawful for any
person to deface, obliterate, tear down, or destroy, in whole or in part,
or attempt to deface, obliterate, tear down, or destroy any notice or
proclamation posted according to the provisions of this Code. Any person
violating this Section shall be subject to the penalties provided for in
Section 20-35 of this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/25-20) (from Ch. 56, par. 25-20)
Sec. 25-20.
Shipment of aquatic life; labels and tags.
Except
as provided in
Sections 1-130, 20-85, and 20-90, any railroad company, express company,
steamboat company, or other common carrier, before receiving any aquatic
life protected by this Code for shipment from any person, shall require
that the person present a valid license as provided for in
this Code.
Any person placing a shipment as described in this Section or
transporting in any other manner shall attach to every box, barrel, crate,
or other receptacle containing aquatic life a tag showing the different
varieties of aquatic life contained within, the number of pounds of each
variety, the name and place of business of the consignor and of the
consignee, and the number and type of the
license.
All labels or tags attached to any box, barrel, crate, or other
receptacle in which aquatic life is shipped shall be accurate as to the
information required by this Section and shall be conspicuously displayed
on the receptacle. Any person who (i) falsifies any label or tag required
by this Section or attempts to do so, (ii) conceals or attempts to conceal
the information required by this Section, or (iii) in any other manner
violates the provisions of this Section shall be subject to the penalty
provisions of Section 20-35 of this Code. It shall be lawful for any
individual to carry with him or her or transport as baggage on any train or
conveyance for which he or she has purchased a transportation ticket not
more than one package at any one time containing not more than the
possession limit of aquatic life as provided in this Code. When a package
containing aquatic life is offered as baggage, it shall be plainly labeled
to show the name of the person transporting it and the place to which it is
being transported.
It is unlawful for transportation companies or common carriers to
knowingly transport into this State from without the State any aquatic
life protected under this Code that was illegally taken and shipped
contrary to any laws, rules, and regulations of the State of origin.
(Source: P.A. 89-66, eff. 1-1-96.)
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(515 ILCS 5/Art. 30 heading) ARTICLE 30.
FISH RESTORATION AND MANAGEMENT PROJECTS
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(515 ILCS 5/30-5) (from Ch. 56, par. 30-5)
Sec. 30-5.
Short title.
This Article may be cited as the Fish
Restoration Project Law.
(Source: P.A. 87-833.)
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(515 ILCS 5/30-10) (from Ch. 56, par. 30-10)
Sec. 30-10.
Assent to provisions of federal Act.
The State of Illinois
assents to the provisions of the Act of Congress entitled "An act to
provide that the United States shall aid the States in fish restoration and
management projects, and for other purposes", approved August 9, 1950
(Public Law 681, 81st Congress), and the Department of Natural Resources is
authorized, empowered, and directed to perform any acts
necessary for the conduct and establishment of cooperative fish restoration
projects, as defined in that Act of Congress, in compliance with that Act and
its rules
and regulations promulgated by the Secretary of the Interior.
(Source: P.A. 89-445, eff. 2-7-96.)
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(515 ILCS 5/30-15) (from Ch. 56, par. 30-15)
Sec. 30-15. Use of license fees. No funds accruing to the State of
Illinois from license fees paid by fishermen shall be diverted for any
other purpose than the administration of the Department of Natural
Resources for the management of fish and wildlife resources of the State.
(Source: P.A. 95-853, eff. 8-18-08.)
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(515 ILCS 5/Art. 35 heading) ARTICLE 35.
SEVERABILITY
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(515 ILCS 5/35-5) (from Ch. 56, par. 35-5)
Sec. 35-5.
Severability.
The provisions of this Code are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 87-833.)
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(515 ILCS 5/Art. 40 heading) ARTICLE 40.
CODIFICATION PROVISIONS
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(515 ILCS 5/40-1) (from Ch. 56, par. 40-1)
Sec. 40-1.
Prior law.
(a) A provision of this Code that is the same or substantially the same
as a prior law shall be construed as a continuation of the prior law and
not as a new or different law.
(b) A citation in another Act to an Act or to a Section of an Act that is
continued in this Code shall be construed to be a citation to that continued
provision in this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/40-5) (from Ch. 56, par. 40-5)
Sec. 40-5.
Other Acts of the 87th General Assembly.
If any other Act of
the 87th General Assembly changes, adds, or repeals a provision of prior
law that is continued in this Code, then that change, addition, or repeal
in the other Act shall be construed together with this Code.
(Source: P.A. 87-833.)
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(515 ILCS 5/40-10) (from Ch. 56, par. 40-10)
Sec. 40-10.
Home rule; mandates.
Nothing in this Code as initially
enacted (i) is a denial or limitation on home rule powers where no denial
or limitation existed under prior law or (ii) creates a State mandate under
the State Mandates Act where no mandate existed under prior law.
(Source: P.A. 87-833.)
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(515 ILCS 5/Art. 45 heading) ARTICLE 45.
REPEALS
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(515 ILCS 5/45-1) (from Ch. 56, par. 45-1)
Sec. 45-1.
Repeals.
The following Acts or parts of Acts are repealed:
The Fish Code of 1971.
The Fish Restoration Project Act.
(Source: P.A. 87-833.)
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(515 ILCS 5/Art. 50 heading) ARTICLE 50.
EFFECTIVE DATE
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(515 ILCS 5/50-1) (from Ch. 56, par. 50-1)
Sec. 50-1.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 87-833.)
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