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