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Public Act 102-0724


 

Public Act 0724 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0724
 
HB3717 EnrolledLRB102 13784 KMF 19134 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 Sections 15-105 and 15-130 as follows:
 
    (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 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. 87-833.)
 
    (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 trammel
net used under this Section shall have meshes less than 2
inches bar measurement and no gill net used under this Section
shall have meshes less than 4 inches bar measurement. 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. 95-147, eff. 8-14-07.)

Effective Date: 1/1/2023