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Public Act 102-0368


 

Public Act 0368 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0368
 
SB1878 EnrolledLRB102 17234 KMF 22695 b

    AN ACT concerning fish.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Fish and Aquatic Life Code is amended by
changing Section 5-25 as follows:
 
    (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, in part or in whole of any of the species protected by
this Code, 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 protected by this Code, but
in no case shall the minimum value of all aquatic life and
their hybrids protected by this Code, whether dressed or not
dressed, be less than the following:
        (1) For each muskellunge, northern pike, walleye,
    striped bass, sauger, largemouth bass, smallmouth bass,
    spotted bass, trout (all species), salmon (all species
    other than chinook caught from August 1 through December
    31), bowfin, paddlefish, and sturgeon (other than pallid
    or lake sturgeon) of a weight, dressed or not dressed, of
    one pound or more, $4 for each pound or fraction of a
    pound. For each individual fish with a dressed or not
    dressed weight of less than one pound, $4. For parts of
    fish processed past the dressed state, $8 per pound.
        (2) For each warmouth, rock bass, white bass, yellow
    bass, sunfish (all species except largemouth, smallmouth,
    and spotted bass), bluegill, crappie, bullheads,
    pickerels, yellow perch, catfish (all species), and
    mussels of a weight, dressed or not dressed, of one pound
    or more, $4 for each pound or fraction of a pound of
    aquatic life. For each individual aquatic life with a
    dressed or not dressed weight of less than one pound, $4.
    For aquatic life parts processed past the dressed state,
    $8 per pound.
        (3) (Blank).
        (4) (Blank).
        (5) For goldeye, mooneye, carp, carpsuckers (all
    species), suckers (all species), redhorse (all species),
    buffalo (all species), freshwater drum, skipjack, shad
    (all species), alewife, smelt, gar, bowfin, chinook salmon
    caught from August 1 through December 31, and all other
    aquatic life protected by this Code, not listed in
    paragraphs (1), (2), or (5) of subsection (c) of this
    Section, $1 per pound, in part or in whole.
        (6) For each species listed on the federal or State
    endangered and threatened species list, and for lake and
    pallid sturgeon, $150 per animal in whole or in part.
(Source: P.A. 98-752, eff. 1-1-15.)

Effective Date: 1/1/2022