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92_HB2528eng HB2528 Engrossed LRB9206863TAtm 1 AN ACT to amend the Fish and Aquatic Life Code. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Fish and Aquatic Life Code is amended by 5 changing Section 20-35 and adding Section 1-20.5 as follows: 6 (515 ILCS 5/1-20.5 new) 7 Sec. 1-20.5. Aquatic life farm. "Aquatic life farm" 8 means property: (i) containing any or a combination of levee 9 ponds, a strip mine lake, or other type of lake that has 10 floating cages, raceways, or other aquatic life rearing 11 equipment and (ii) where the owner of the aquatic life farm 12 has posted a conspicuous written notice to that effect. If 13 more than one person owns or has title to the lake, "aquatic 14 life farm" means the area of the lake containing the floating 15 cages, raceways, or other aquatic life rearing equipment. 16 (515 ILCS 5/20-35) (from Ch. 56, par. 20-35) 17 Sec. 20-35. Offenses. 18 (a) Except as prescribed in Section 5-25 and unless 19 otherwise provided in this Code, any person who is found 20 guilty of violating any of the provisions of this Code, 21 including administrative rules, shall be guilty of a petty 22 offense. 23 Any person who violates any of the provisions of Section 24 10-80, including administrative rules relating to that 25 Section, shall be guilty of a Class B misdemeanor. 26 Any person who violates any of the provisions of Section 27 1-200 or 10-55 of this Code, including administrative rules 28 relating to those Sections, shall be guilty of a Class A 29 misdemeanor. 30 Any person who violates any of the provisions of this HB2528 Engrossed -2- LRB9206863TAtm 1 Code, including administrative rules, during the 5 years 2 following the revocation of his or her license, permit, or 3 privileges under Section 20-105 shall be guilty of a Class A 4 misdemeanor. 5 Any person who violates Section 5-25 of this Code, 6 including administrative rules, shall be guilty of a Class 3 7 felony. 8 (b)(1) It is unlawful for any person to take or attempt 9 to take aquatic life from any aquatic life farm except with 10 the consent of the owner of the aquatic life farm. Any 11 person possessing fishing tackle on the premises of an 12 aquatic life farm is presumed to be fishing. The presumption 13 may be rebutted by clear and convincing evidence. All fishing 14 tackle, apparatus, and vehicles used in the violation of this 15 subsection (b) shall be confiscated by the arresting officer. 16 If the confiscated property is determined by the circuit 17 court to have been used in the violation of this subsection 18 (b), the confiscated property shall be sold at public auction 19 by the county sheriff of the county where the violation 20 occurred. The proceeds of the sale shall be deposited in the 21 county general fund; provided that the auction may be stayed 22 by an appropriate court order. 23 (2) A violation of paragraph (1) of this subsection (b) 24 is a Class A misdemeanor for a first offense and a Class 4 25 felony for a second or subsequent offense. 26 (c)(1) It is unlawful for any person to trespass on an 27 aquatic life farm located on a strip mine lake or other body 28 of water used for aquatic life farming operations by 29 swimming, scuba diving, or snorkeling in, around, or under 30 the aquatic life farm or by operating a watercraft over, 31 around, or in the aquatic life farm without the consent of 32 the owner of the aquatic life farm. 33 (2) A violation of paragraph (1) of this subsection (c) 34 is a Class B misdemeanor for a first offense and a Class A HB2528 Engrossed -3- LRB9206863TAtm 1 misdemeanor for a second or subsequent offense. All fishing 2 tackle, apparatus, and watercraft used in a second or 3 subsequent violation of this subsection (c) shall be 4 confiscated by the arresting officer. If the confiscated 5 property is determined by the circuit court to have been used 6 in a violation of this subsection (c), the confiscated 7 property shall be sold at public auction by the county 8 sheriff of the county where the violation occurred. The 9 proceeds of the sale shall be deposited in the county general 10 fund; provided that the auction may be stayed by an 11 appropriate court order. 12 (d) Offenses committed by minors under the direct 13 control or with the consent of a parent or guardian may 14 subject the parent or guardian to the penalties prescribed in 15 this Section or as otherwise provided in this Code. 16 (e) In addition to any fines imposed under this Section, 17 or as otherwise provided in this Code, any person found 18 guilty of unlawfully taking or possessing any aquatic life 19 protected by this Code shall be assessed a civil penalty for 20 that aquatic life in accordance with the values prescribed in 21 Section 5-25 of this Code. This civil penalty shall be 22 imposed at the time of the conviction by the Circuit Court 23 for the county where the offense was committed. Except as 24 otherwise provided for in subsections (b) and (c) of this 25 Section, all penalties provided for in this Section shall be 26 remitted to the Department in accordance with the provisions 27 of Section 1-180 of this Code. 28 (Source: P.A. 87-798; 87-833; 87-895.)