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Public Act 098-0898
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| HB4277 Enrolled | LRB098 15949 MGM 50996 b |
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AN ACT concerning fish.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fish and Aquatic Life Code is amended by |
changing Section 15-5 as follows:
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(515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
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Sec. 15-5. Commercial fisherman; license requirement.
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(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.
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(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 or disabled residents may fish with commercial |
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fishing devices without holding a sports fishing license. For |
the purpose of this Section, an individual is blind or disabled |
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.
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(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) (c) 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.
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(f) (d) For purposes of this Section, an act or omission |
that constitutes
a violation committed by an officer, employee, |