HB5136: FISH CD-ADMINISTRATIVE CLEANUP

HB5136 Enrolled LRB104 18209 BDA 31648 b 1 AN ACT concerning Fish. 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 Sections 1-10, 1-120, 5-25, 10-20, 10-25, 10-50, 6 10-70, 10-75, 10-95, 10-140, 10-150, 15-50, 15-60, 15-100, 7 15-120, 15-125, 15-130, 15-145, 20-5, 20-10, 20-45, 20-50, 8 20-90, 20-95, and 20-105 as follows: 9 (515 ILCS 5/1-10) (from Ch. 56, par. 1-10) 10 Sec. 1-10. Definitions. As used in this Code: Code, terms 11 are defined according to the following Sections. 12 "Administrative rule" means a regulatory measure issued by 13 the Director under this Code. 14 "Air rifle" means an air gun, air pistol, spring gun, gas 15 gun, spring pistol, B-B gun, pellet gun, or any implement that 16 is not a firearm and propels a singular globular projectile or 17 pellet constructed of steel, lead, or other hard materials by 18 the use of compressed air, compressed gas, or spring power. 19 "Angling methods" means the action of sport fishing by 20 hook and line. 21 "Aquatic life" means all fish, mollusks, crustaceans, 22 algae, aquatic plants, aquatic invertebrates, and any other 23 aquatic animals or plants that the Department identifies in HB5136 Enrolled - 2 - LRB104 18209 BDA 31648 b 1 administrative rules adopted after consultation with 2 biologists, zoologists, or other wildlife experts. "Aquatic 3 life" does not mean any herptiles that are found in the 4 Herptiles-Herps Act. 5 "Aquatic life farm" means property: (i) containing any or 6 a combination of levee ponds, a strip mine lake, or other type 7 of lake that has floating cages, raceways, or other aquatic 8 life rearing equipment and (ii) where the owner of the aquatic 9 life farm has posted a conspicuous written notice to that 10 effect. If more than one person owns or has title to the lake, 11 "aquatic life farm" means the area of the lake containing the 12 floating cages, raceways, or other aquatic life rearing 13 equipment. 14 "Authorized employee" means all sworn members of the Law 15 Enforcement Division and those specifically granted law 16 enforcement authorization by the Director. 17 "Blow gun" means a weapon, hunting, or fishing device 18 consisting of a tube through which an arrow, dart, or 19 projectile is propelled by force of the breath of a person. 20 "Combination license" means an electronic or physical 21 license authorizing the person to take a certain type of fish 22 or animal during a specified period of time. 23 "Contraband" applies to all aquatic life or any part of 24 aquatic life taken, bought, sold or bartered, shipped, or held 25 in possession, or any conveyance, vehicle, watercraft, or 26 other means of transportation whatever, except sealed railroad HB5136 Enrolled - 3 - LRB104 18209 BDA 31648 b 1 cars or other common carriers, used to transport or ship any 2 part of aquatic life so taken, contrary to this Code, 3 including administrative rules, or used to transport, contrary 4 to this Code, including administrative rules, any of the 5 previously specified species when taken illegally. 6 "Daily limit" means the maximum amount of aquatic life 7 that a properly licensed individual is permitted to take in 8 any one day. 9 "Department" means the Department of Natural Resources. 10 "Director" means the Director of Natural Resources. 11 "Dressed" means having the head removed. 12 "Fishing" means taking or attempting to take aquatic life 13 in any waters of the State, by any method, and all other acts 14 such as placing, setting, drawing, or using any device 15 commonly used for the taking of aquatic life whether resulting 16 in taking or not. 17 "Fishing license" means an electronic or physical license 18 authorizing the person to take a certain type of fish during a 19 specified period of time. 20 "Hybrid" means the offspring resulting from the 21 crossbreeding of 2 different species. 22 "Indigenous species" means those species of aquatic life 23 specified by administrative rule. 24 "Individual" means a natural person. 25 "Inland trout stamp" means a special stamp issued by the 26 Department authorizing taking or attempting to take trout in HB5136 Enrolled - 4 - LRB104 18209 BDA 31648 b 1 all waters except Lake Michigan. 2 "Minnow" means any fish in the family Leuciscidae. 3 "Mussel devices" includes any rake, fork, crow-foot bar, 4 dredge, or air-breathing device described as follows: (i) rake 5 or fork: any rake or fork with forks or tines used for 6 collecting or assembling mussels; (ii) crow-foot bar: a bar of 7 any material equipped with a series of hooks designed to take 8 mussels by the insertion of the hooks between the shells of 9 mussels; (iii) dredge: any hand-operated dredge with openings 10 not larger than 2 feet in width used for taking mussels; and 11 (iv) air-breathing device: any air-breathing apparatus that is 12 attached to a diver and is used during the collecting of 13 mussels. 14 "Mussels" means any fresh water mussel or the shell of a 15 mussel. 16 "Person" includes the plural "persons", females as well as 17 males, and shall extend and be applied to clubs, associations, 18 corporations, firms, and partnerships as well as individuals. 19 "Resident" means a person who in good faith makes 20 application for any license or permit and verifies by 21 statement that he or she has maintained his or her permanent 22 abode in this State for a period of at least 30 consecutive 23 days immediately preceding the person's application, and who 24 does not maintain permanent abode or claim residency in 25 another state for the purposes of obtaining any of the same or 26 similar licenses or permits covered by this Code. A person's HB5136 Enrolled - 5 - LRB104 18209 BDA 31648 b 1 permanent abode is his or her fixed and permanent dwelling 2 place, as distinguished from a temporary or transient place of 3 residence. Domiciliary intent is required to establish that 4 the person is maintaining his or her permanent abode in this 5 State. Evidence of domiciliary intent includes, but is not 6 limited to, the location where the person votes, pays personal 7 income tax, or obtains a driver's license. Except for the 8 purposes of obtaining a lifetime license, any person on active 9 duty in the Armed Forces shall be considered a resident of 10 Illinois during his or her period of military duty. 11 "Resident commercial fisherman" means an individual who 12 has actually resided in Illinois for one year immediately 13 preceding his or her application for a commercial fishing 14 license and who does not claim residency for a commercial 15 fishing license in another state or country. 16 "Resident commercial musselor" means an individual who has 17 actually resided in Illinois for one year immediately 18 preceding his or her application for a commercial mussel 19 license and who does not claim residency for a commercial 20 mussel license in another state or country. 21 "Roe" means the eggs of fish that are whole and intact 22 within the egg sac, whether within the body cavity of the fish 23 or removed. "Roe" does not include eggs removed from the egg 24 sac. 25 "Roe-bearing species" means sturgeon, paddlefish, bowfin, 26 and any other fish listed as such by the Department in an HB5136 Enrolled - 6 - LRB104 18209 BDA 31648 b 1 administrative rule. 2 "Salmon" includes all the salmons and trouts. 3 "Salmon stamp" means a special stamp issued by the 4 Department authorizing taking or attempting to take salmon in 5 Lake Michigan. 6 "Sport fisherman" means an individual who uses or attempts 7 to use sport fishing devices as stated in Sections 10-95, 8 10-110, and 10-140. 9 "Take" means lure, kill, destroy, capture, gig or spear, 10 trap or ensnare, or attempt to do so. 11 "Taxidermy" means the art of preparing, preserving, and 12 mounting the skins of fish, birds, or mammals to make them 13 appear lifelike. 14 "Transport" or "ship" means to convey by parcel post, 15 express, freight, baggage, or shipment by common carrier of 16 any description; by automobile, motorcycle, or other vehicle 17 of any kind; by water or aircraft of any kind; or by any other 18 means of transportation. 19 (Source: P.A. 87-833.) 20 (515 ILCS 5/1-120) (from Ch. 56, par. 1-120) 21 Sec. 1-120. Seasons; daily limits. The seasons during 22 which protected aquatic life may be taken and the length size 23 limits and daily catch limits set out in this Code are based 24 upon a proper biological balance and shall be regulated by 25 administrative rule. HB5136 Enrolled - 7 - LRB104 18209 BDA 31648 b 1 The Department may not provide for a longer season or a 2 larger daily catch limit than is provided in this Code, except 3 as provided by Section 1-150. 4 The Department shall modify existing provisions, when 5 necessary, including open seasons, length size limits, quotas, 6 limited entry, and methods of taking fish from the waters of 7 Lake Michigan under the jurisdiction of the State of Illinois, 8 in order that the compact between the Canadian provinces and 9 those States of the United States adjacent to the Great Lakes, 10 including the United States and Canadian Governments, may be 11 fulfilled in the best interests of the fisheries resources and 12 the general public. 13 Employees or agents of any federal, State, or municipal 14 government or body, when engaged in investigative work, may by 15 prior written approval of the Director be exempted from this 16 Code. 17 (Source: P.A. 87-833.) 18 (515 ILCS 5/5-25) (from Ch. 56, par. 5-25) 19 Sec. 5-25. Value of protected species; violations. 20 (a) Any person who, for profit or commercial purposes, 21 knowingly captures or kills, possesses, offers for sale, 22 sells, offers to barter, barters, offers to purchase, 23 purchases, delivers for shipment, ships, exports, imports, 24 causes to be shipped, exported, or imported, delivers for 25 transportation, transports or causes to be transported, HB5136 Enrolled - 8 - LRB104 18209 BDA 31648 b 1 carries or causes to be carried, or receives for shipment, 2 transportation, carriage, or export any aquatic life, or parts 3 thereof, contrary to the provisions of the Code or 4 administrative rule, and that aquatic life, in whole or in 5 part, is valued at or in excess of a total of $300, as per 6 species value specified in subsection (c) of this Section, 7 commits a Class 3 felony. 8 A person is guilty of a Class 4 felony if convicted under 9 this Section for more than one violation within a 90-day 10 period if the aquatic life involved in each violation are not 11 valued at or in excess of $300 but the total value of the 12 aquatic life involved with the multiple violations is at or in 13 excess of $300. The prosecution for a Class 4 felony for these 14 multiple violations must be alleged in a single charge or 15 indictment and brought in a single prosecution. 16 Any person who violates this subsection (a) when the total 17 value of species is less than $300 commits a Class A 18 misdemeanor except as otherwise provided. 19 (b) Possession of aquatic life, in whole or in part, 20 captured or killed in violation of this Code, valued at or in 21 excess of $600, as per species value specified in subsection 22 (c) of this Section, shall be considered prima facie evidence 23 of possession for profit or commercial purposes. 24 (c) For purposes of this Section, the fair market value or 25 replacement cost, whichever is greater, must be used to 26 determine the value of the species, but in no case shall the HB5136 Enrolled - 9 - LRB104 18209 BDA 31648 b 1 minimum value of all aquatic life and their hybrids, whether 2 dressed or not dressed, be less than the following: 3 (1) For each muskellunge or muskellunge hybrid , 4 northern pike, walleye or walleye hybrid , striped bass or 5 striped bass hybrid , sauger, largemouth bass, smallmouth 6 bass, spotted bass, trout (all species), salmon (all 7 species other than chinook caught from August 1 through 8 December 31), bowfin, paddlefish, and sturgeon (other than 9 pallid or lake sturgeon) of a weight, dressed or not 10 dressed, of one pound or more, $4 for each pound or 11 fraction of a pound. For each individual fish with a 12 dressed or not dressed weight of less than one pound, $4. 13 For parts of fish processed past the dressed state, $8 per 14 pound. 15 (2) For each warmouth, rock bass, white bass, yellow 16 bass, sunfish (all species except largemouth, smallmouth, 17 and spotted bass), bluegill, crappie, bullheads, 18 pickerels, yellow perch, catfish (all species), and 19 mussels of a weight, dressed or not dressed, of one pound 20 or more, $4 for each pound or fraction of a pound of 21 aquatic life. For each individual aquatic life with a 22 dressed or not dressed weight of less than one pound, $4. 23 For aquatic life parts processed past the dressed state, 24 $8 per pound. 25 (3) (Blank). 26 (4) (Blank). HB5136 Enrolled - 10 - LRB104 18209 BDA 31648 b 1 (5) For goldeye, mooneye, carp, carpsuckers (all 2 species), suckers (all species), redhorse (all species), 3 buffalo (all species), freshwater drum, skipjack, shad 4 (all species), alewife, smelt, gar, chinook salmon caught 5 from August 1 through December 31, and all other aquatic 6 life, not listed in this paragraph or paragraph paragraphs 7 (1) or , (2) , or (5) of this subsection (c) of this 8 Section , $1 per pound, in part or in whole. 9 (6) For each species listed on the federal or State 10 endangered and threatened species list, and for lake and 11 pallid sturgeon, $150 per animal in whole or in part. 12 (Source: P.A. 102-368, eff. 1-1-22 .) 13 (515 ILCS 5/10-20) (from Ch. 56, par. 10-20) 14 Sec. 10-20. Length Size limit; northern pike. All northern 15 pike in the possession of any individual shall be not less than 16 24 inches in length, except that northern pike of any length 17 size may be possessed that are taken in the waters of the 18 Mississippi River. 19 (Source: P.A. 87-833.) 20 (515 ILCS 5/10-25) (from Ch. 56, par. 10-25) 21 Sec. 10-25. Daily limit; northern pike, sauger, and 22 walleye. 23 (a) Except as provided in subsections (b) and (c), all 24 properly licensed individuals shall be permitted to take, in HB5136 Enrolled - 11 - LRB104 18209 BDA 31648 b 1 any one day, no more than 3 northern pike, 6 sauger , 6 or 2 walleye or their hybrids , or 6 in the aggregate of sauger and 3 walleye or their hybrids . 4 (b) In the waters of the Mississippi River between Iowa 5 and Illinois, all properly licensed individuals shall be 6 permitted to take, in any one day, no more than 5 northern 7 pike, 10 sauger or walleye, or 10 in the aggregate of sauger 8 and walleye. 9 (c) In the waters of the Mississippi River between 10 Missouri and Illinois, all properly licensed individuals shall 11 be permitted to take, in any one day, no more than one northern 12 pike, 8 sauger or walleye, or 8 in the aggregate of sauger and 13 walleye. 14 (Source: P.A. 87-833.) 15 (515 ILCS 5/10-50) (from Ch. 56, par. 10-50) 16 Sec. 10-50. Length Size limit; trout and salmon. All 17 rainbow trout, lake trout, brown trout, brook trout, Atlantic 18 salmon, coho salmon, chinook salmon, pink salmon, or other 19 salmonids when taken or in the possession of a person after 20 having been taken from the waters of Lake Michigan shall be not 21 less than 10 inches in length. 22 (Source: P.A. 87-833.) 23 (515 ILCS 5/10-70) (from Ch. 56, par. 10-70) 24 Sec. 10-70. Aquatic life included in daily limit. HB5136 Enrolled - 12 - LRB104 18209 BDA 31648 b 1 (a) Any aquatic life taken into actual possession, unless 2 released unharmed immediately, shall be included in the daily 3 limit of the person having so taken the aquatic life for the 4 day when taken. 5 (b) Fish released unharmed by participants in a bona fide 6 catch-and-release fishing tournament, which requires the 7 participants to have a boat live well with a pump constantly 8 adding fresh or recirculating water, shall not be included in 9 the daily limit. However, at no time may the daily limit be 10 exceeded. 11 (c) All individuals licensed under this Code are permitted 12 to take on a daily basis no more than the daily limit of 13 aquatic life that is established by this Code, including any 14 limits established by administrative rule under this Code. 15 (Source: P.A. 87-833; 88-3.) 16 (515 ILCS 5/10-75) (from Ch. 56, par. 10-75) 17 Sec. 10-75. Application of Article. This Article 10 shall 18 apply only to aquatic life in waters and lands wholly or in 19 part within the boundaries of the State of Illinois. 20 The provisions of Sections 10-5 through 10-75 are subject 21 to modification by administrative rule. 22 Aquatic life legally taken in and transported from other 23 states or countries may be possessed within the State of 24 Illinois, subject to the provisions of Sections 15-55 and 25 15-60 of this Code. HB5136 Enrolled - 13 - LRB104 18209 BDA 31648 b 1 Any aquatic life taken at any time except during an open 2 season established under this Code, including administrative 3 rules, or of a length size less than the minimum provided by 4 this Code, including administrative rules, shall be 5 immediately returned, without unnecessary injury, to the 6 waters from which taken. 7 (Source: P.A. 87-833.) 8 (515 ILCS 5/10-95) (from Ch. 56, par. 10-95) 9 Sec. 10-95. Number of hooks; untagged devices. Any 10 individual possessing a valid sport fishing license may take 11 aquatic life by hand, or may use pole and line, bank pole and 12 line, throw line, trotline, buoyed ganging devices, or other 13 legal devices not exceeding 50 hooks in the aggregate ; , 14 however, any individual at any one time is allowed to use under 15 his or her immediate control only 2 untagged sport fishing 16 devices and any additional devices up to the aggregate of 50 17 hooks must be tagged with his or her name , and mailing address , 18 and phone number . It shall be unlawful to sell or barter any 19 aquatic life or parts thereof taken by sport fishing devices. 20 A dip net for non-commercial smelt fishing in Lake 21 Michigan may be used subject to the provisions of Section 22 10-40. 23 Dip nets that are subject to the provisions of Section 24 15-120 may be used to take carp, buffalo, carpsuckers, or shad 25 for personal consumption. The taking of aquatic life with a HB5136 Enrolled - 14 - LRB104 18209 BDA 31648 b 1 dip net is not permitted within 100 feet of the base of any 2 dam. 3 Any sport fishing device, including trot line device, bank 4 pole, and throw line or buoyed ganging devices, left 5 unattended must be tagged with the name , and mailing address , 6 and phone number of the operator. All required tags shall be in 7 a position to be at all times exposed to public view. 8 A sport fishing license permits the holder to seine for 9 minnows, provided that minnows are not sold. The seine shall 10 not be longer than 20 feet, deeper than 6 feet, or contain mesh 11 larger than 1/2 inch bar measurement. 12 (Source: P.A. 89-66, eff. 1-1-96.) 13 (515 ILCS 5/10-140) (from Ch. 56, par. 10-140) 14 Sec. 10-140. Seines Dip nets , minnow traps, casting nets, 15 and shad scoops. 16 (a) Any individual possessing a valid sport fishing 17 license may use a seine, minnow trap dip net , casting net, or 18 shad scoop to take certain species. The taking of aquatic life 19 with a seine, minnow trap dip net , casting net, or shad scoop 20 shall not be permitted within 100 feet of the base of any dam. 21 (b) Minnows, shad, common carp and crayfish may be taken 22 with a seine for use as bait on the water body where taken Dip 23 nets may be used to take carp, buffalo, carpsuckers, or shad 24 for personal consumption . 25 (c) Minnows and crayfish may be taken with a minnow trap HB5136 Enrolled - 15 - LRB104 18209 BDA 31648 b 1 for use as bait on the water body where taken. Any minnow trap 2 left unattended must be tagged with the name, mailing address, 3 and phone number of the operator. 4 (d) (c) Bighead carp (Hypophthalmichthys nobilis), black 5 carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon 6 idella), and silver carp (Hypophthalmichthys molitrix) may be 7 taken with a casting net or shad scoop and used for bait on the 8 body of water where they are collected if they are killed 9 immediately. 10 (e) (d) Mooneye (Hiodon tergisus), goldeye (Hiodon 11 alosoides), skipjack herring (Alosa chrysochloris), carp 12 (other than bighead carp (Hypophthalmichthys nobilis), black 13 carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon 14 idella), and silver carp (Hypophthalmichthys molitrix)), and 15 any other fish listed in Section 10-110 of this Code may be 16 taken with a casting net or shad scoop and used for live or 17 dead bait on the body of water where they are collected. 18 (f) No seines shall be longer than 20 feet or deeper than 6 19 feet or contain mesh larger than 1/2 inch bar measurement. All 20 minnow traps shall not be more than 24 inches in width or 21 diameter or 36 inches in length or shall use a mesh larger than 22 1/2 inch bar measurement. (e) All casting nets shall not be (1) 23 larger than 24 feet in diameter or (2) of a mesh larger than 1 24 inch bar measurement. All shad scoops shall not be (1) larger 25 than 30 inches in diameter, (2) of a mesh not larger than 1/2 26 inch bar measurement, or (3) longer than 4 feet in length. HB5136 Enrolled - 16 - LRB104 18209 BDA 31648 b 1 (g) (f) Fish taken by means listed in this Section shall 2 not be sold or bartered. Except as otherwise provided by law, 3 the taking of species other than those listed in this Section 4 by sport fishing devices game fish by dip net without a 5 commercial fishing license shall be a petty offense punishable 6 by a minimum fine of $100 , plus confiscation of illegally used 7 equipment under Article 1 of this Code . 8 (Source: P.A. 102-837, eff. 5-13-22.) 9 (515 ILCS 5/10-150) 10 Sec. 10-150. Fishing limits; private property. The limits 11 established in this Article on the number and length size of 12 fish a person may take in a day do not apply to a person 13 fishing in waters wholly within his or her private property. 14 (Source: P.A. 99-532, eff. 7-8-16.) 15 (515 ILCS 5/15-50) (from Ch. 56, par. 15-50) 16 Sec. 15-50. Regulation. Except as provided in Section 17 20-90 no person shall buy, sell or barter, or offer to buy, 18 sell or barter, nor shall any commercial institution or any 19 regularly operated refrigerated storage establishment have in 20 its possession, aquatic life protected by this Code except 21 those species taken under the conditions and of the size or 22 length described in Sections 15-55 and 15-60 and 23 administrative rules pertaining to the taking of commercial 24 fish or mussels. Any person who is found guilty of violating HB5136 Enrolled - 17 - LRB104 18209 BDA 31648 b 1 this Section shall be guilty of a Class A misdemeanor. 2 (Source: P.A. 87-833.) 3 (515 ILCS 5/15-60) (from Ch. 56, par. 15-60) 4 Sec. 15-60. Legal length size ; various species. When taken 5 from waters wholly or in part within the boundaries of the 6 State of Illinois, except from the Ohio River, the following 7 species shall be not less in length size than provided in this 8 Section: channel catfish, flathead catfish, blue catfish, or 9 white catfish, 15 inches in length undressed or 12 inches in 10 length dressed. 11 (Source: P.A. 90-57, eff. 1-1-98.) 12 (515 ILCS 5/15-100) (from Ch. 56, par. 15-100) 13 Sec. 15-100. Length and mesh size of seine. Except as 14 provided in Sections 20-5 through 20-25, any commercial 15 fisherman as defined in this Code person may use a single seine 16 not exceeding 100 yards in length of 1 1/2 inch bar 17 measurement. In all seines over 100 yards in length it shall be 18 unlawful at any time to use any mesh less than 2 inch bar 19 measurement except that all seines over 100 yards in length 20 may have a section of the seine not more than 300 feet in 21 length of 1 1/2 inch bar measurement. No seine shall be more 22 than 1500 yards in length. If seines are more than 200 yards in 23 length they must be operated with a backstop constructed of 24 vertical slats not less than 1 1/4 inches apart or 3 inch bar HB5136 Enrolled - 18 - LRB104 18209 BDA 31648 b 1 measurement netting or of chicken wire or metallic cloths of 2 not less than 1 1/2 inches square and shall not be dragged or 3 otherwise operated in less than 2 feet of water. 4 (Source: P.A. 87-833.) 5 (515 ILCS 5/15-120) (from Ch. 56, par. 15-120) 6 Sec. 15-120. Mesh size of dip nets. It shall be unlawful to 7 use any dip net having a mesh less than 1 1/2 inches bar 8 measurement or more than 15 feet in length, width, square or in 9 diameter. 10 (Source: P.A. 87-833.) 11 (515 ILCS 5/15-125) (from Ch. 56, par. 15-125) 12 Sec. 15-125. Live box or live net. All live boxes and live 13 nets in which any aquatic life protected by this Code is held 14 shall be plainly labeled with the name , and address , and phone 15 number of the owner. 16 (Source: P.A. 87-833.) 17 (515 ILCS 5/15-130) (from Ch. 56, par. 15-130) 18 Sec. 15-130. Gill or trammel net. It shall be unlawful to 19 use a gill or trammel net except in the Mississippi River, in 20 the Ohio River, and in the Illinois River from its mouth up to 21 the Illinois River bridge, Highway Route 89, including 22 adjacent backwaters but not above the mouth of any stream, 23 ditch, or tributary connected to these backwaters. No gill or HB5136 Enrolled - 19 - LRB104 18209 BDA 31648 b 1 trammel net shall be less than 100 feet in length. 2 All gill or trammel nets that are set in any body of water 3 shall be under the immediate supervision of the operator, who 4 may be the licensee or his or her employee, except (i) from May 5 1 to September 30, (ii) when the nets are set under the ice, 6 (iii) from sunset to sunrise, or (iv) as specified by 7 administrative rule. Immediate supervision shall be defined as 8 the operator being on the waters where the nets are set to be 9 readily available to identify the nets to law enforcement 10 officers empowered to enforce this Code. It shall be unlawful 11 for any employee on any one day to lift or attend nets of more 12 than one licensee. 13 All gill or trammel nets set under the ice shall be at a 14 distance of not less than 100 yards from any natural opening in 15 the ice. 16 A net shall be defined as a "trammel net" for the purposes 17 of enforcing this Code if: (i) there are no less than 3 panels 18 of mesh tied to a single float and lead line; (ii) the outer 19 panels of mesh are constructed of a number 9 or larger diameter 20 twine; (iii) the outer panels of mesh are diamond shaped and no 21 greater than 40 inch bar measure; and (iv) the inner panel of 22 mesh is not less than 2 inches bar measure. 23 A net shall be defined as a "gill net" for the purposes of 24 enforcing this Code if it is constructed of a single panel of 25 mesh that is not less than 3 inches bar measure that is tied to 26 a single float and lead line. HB5136 Enrolled - 20 - LRB104 18209 BDA 31648 b 1 The Department may modify provisions of this Section as 2 provided in Section 1-125 1-135 . 3 (Source: P.A. 102-724, eff. 1-1-23 .) 4 (515 ILCS 5/15-145) (from Ch. 56, par. 15-145) 5 Sec. 15-145. Tagging commercial devices. It shall be the 6 responsibility of each person licensed as a commercial 7 fisherman or musselor to furnish and attach to each commercial 8 device being used a metal tag inscribed with the name , and 9 address , and phone number of the licensee. Absence of this 10 tagging shall be prima facie evidence that the commercial 11 fishing or mussel device or devices are illegally used and the 12 devices shall be confiscated and disposed of as directed by 13 the Department. 14 (Source: P.A. 87-833.) 15 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5) 16 Sec. 20-5. Necessity of license; exemptions. 17 (a) Any person taking or attempting to take any fish, 18 including minnows for commercial purposes, turtles, mussels, 19 crayfish, or frogs by any means whatever in any waters or lands 20 wholly or in part within the jurisdiction of the State, 21 including that part of Lake Michigan under the jurisdiction of 22 this State, shall first obtain a license to do so, and shall do 23 so only during the respective periods of the year when it shall 24 be lawful as provided in this Code. Individuals under 16, HB5136 Enrolled - 21 - LRB104 18209 BDA 31648 b 1 blind residents or residents with a disability, or individuals 2 fishing at fee fishing areas licensed by the Department, 3 however, may fish with sport fishing devices without being 4 required to have a license. For the purpose of this Section an 5 individual is blind or has a disability if that individual has 6 a Class 2 disability as defined in Section 4A of the Illinois 7 Identification Card Act. For purposes of this Section an 8 Illinois Person with a Disability Identification Card issued 9 under the Illinois Identification Card Act indicating that the 10 individual named on the card has a Class 2 disability shall be 11 adequate documentation of a disability. 12 (b) A courtesy non-resident sport fishing license or stamp 13 may be issued at the discretion of the Director, without fee, 14 to (i) any individual officially employed in the wildlife and 15 fish or conservation department of another state or of the 16 United States who is within the State to assist or consult or 17 cooperate with the Director or (ii) the officials of other 18 states, the United States, foreign countries, or officers or 19 representatives of conservation organizations or publications 20 while in the State as guests of the Governor or Director. 21 (c) The Director may issue special fishing permits without 22 cost to groups of hospital patients or to individuals with 23 disabilities for use on specified dates in connection with 24 supervised fishing for therapy. 25 (d) Veterans who, as certified by the United States 26 Department of Veterans Affairs, are at least 10% disabled with HB5136 Enrolled - 22 - LRB104 18209 BDA 31648 b 1 service-related disabilities or in receipt of total disability 2 pensions may fish with sport fishing devices during those 3 periods of the year it is lawful to do so without being 4 required to have a license, on the condition that their 5 respective disabilities do not prevent them from fishing in a 6 manner which is safe to themselves and others. 7 (e) Each year the Director may designate a period, not to 8 exceed 4 days in duration, when sport fishermen may fish 9 waters wholly or in part within the jurisdiction of the State, 10 including that part of Lake Michigan under the jurisdiction of 11 the State, and not be required to obtain the license or stamp 12 required by subsection (a) of this Section, Section 20-10 , 13 Section 20-11, or subsection (a) of Section 20-55. The term of 14 any such period shall be established by administrative rule. 15 This subsection shall not apply to commercial fishing. 16 (f) The Director may issue special fishing permits without 17 cost for a group event, restricted to specific dates and 18 locations if it is determined by the Department that the event 19 is beneficial in promoting sport fishing in Illinois. 20 (Source: P.A. 104-234, eff. 8-15-25; 104-435, eff. 11-21-25.) 21 (515 ILCS 5/20-10) (from Ch. 56, par. 20-10) 22 Sec. 20-10. Salmon stamp. Any individual taking or 23 attempting to take salmon in Lake Michigan shall, in addition 24 to any other license required by this Code, first obtain a 25 salmon stamp authorized by the Department and affix it to his HB5136 Enrolled - 23 - LRB104 18209 BDA 31648 b 1 or her license . Individuals not required to obtain a license 2 are not required to obtain a salmon stamp. 3 (Source: P.A. 87-135; 87-833; 87-895; 88-91.) 4 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45) 5 Sec. 20-45. License fees for residents. Fees for licenses 6 for residents of the State of Illinois shall be as follows: 7 (a) Except as otherwise provided in this Section, for 8 sport fishing devices as defined in Section 10-95 or 9 spearing devices as defined in Section 10-110, the fee is 10 $14.50 for individuals 16 to 64 years old, one-half of the 11 current fishing license fee for individuals age 65 or 12 older, and, commencing with the 2012 license year, 13 one-half of the current fishing license fee for resident 14 veterans of the United States Armed Forces after returning 15 from service abroad or mobilization by the President of 16 the United States as an active duty member of the United 17 States Armed Forces, the Illinois National Guard, or the 18 Reserves of the United States Armed Forces. Veterans must 19 provide to the Department acceptable verification of their 20 service. The Department shall establish by administrative 21 rule the procedure by which such verification of service 22 shall be made to the Department for the purpose of issuing 23 fishing licenses to resident veterans at a reduced fee. 24 (a-3) Except as otherwise provided in this Section, 25 for sport fishing devices as defined in Section 10-95 or HB5136 Enrolled - 24 - LRB104 18209 BDA 31648 b 1 spearing devices as defined in Section 10-110, residents 2 of this State may obtain a 3-year fishing license. The fee 3 for a 3-year fishing license is 3 times the annual fee. For 4 residents age 65 or older, the fee is one half of the fee 5 charged for a 3-year fishing license. For resident 6 veterans of the United States Armed Forces after returning 7 from service abroad or mobilization by the President of 8 the United States, the fee is one-half of the fee charged 9 for a 3-year fishing license. Veterans must provide to the 10 Department, per administrative rule, verification of their 11 service. The Department shall establish what constitutes 12 suitable verification of service for the purpose of 13 issuing 3-year fishing licenses to resident veterans at a 14 reduced fee. 15 (a-5) The fee for all sport fishing licenses shall be 16 $1 for an annual license and 3 times the annual fee for a 17 3-year license for residents over 75 years of age. 18 (b) All residents before using any commercial fishing 19 device shall obtain a commercial fishing license, the fee 20 for which shall be $60 , and a resident fishing license, 21 the fee for which is $14.50. Each and every commercial 22 device used shall be licensed by a resident commercial 23 fisherman as follows: 24 (1) For each 100 lineal yards, or fraction 25 thereof, of seine the fee is $18. For each minnow 26 seine, minnow trap, or net for commercial purposes the HB5136 Enrolled - 25 - LRB104 18209 BDA 31648 b 1 fee is $20. 2 (2) For each device to fish with a 100 hook trot 3 line device, basket trap, hoop net, or dip net the fee 4 is $3. 5 (3) When used in the waters of Lake Michigan, for 6 the first 2000 lineal feet, or fraction thereof, of 7 gill net the fee is $10; and for each 1000 additional 8 lineal feet, or fraction thereof, the fee is $10. 9 These fees shall apply to all gill nets in use in the 10 water or on drying reels on the shore. 11 (4) For each 100 lineal yards, or fraction 12 thereof, of gill net or trammel net the fee is $18. 13 (c) Residents of this State may obtain a sportsmen's 14 combination license that shall entitle the holder to the 15 same non-commercial fishing privileges as residents 16 holding a license as described in subsection (a) of this 17 Section and to the same hunting privileges as residents 18 holding a license to hunt all species as described in 19 Section 3.1 of the Wildlife Code. No sportsmen's 20 combination license shall be issued to any individual who 21 would be ineligible for either the fishing or hunting 22 license separately. The sportsmen's combination license 23 fee shall be $25.50. For residents age 65 or older, the fee 24 is one-half of the fee charged for a sportsmen's 25 combination license. For resident veterans of the United 26 States Armed Forces after returning from service abroad or HB5136 Enrolled - 26 - LRB104 18209 BDA 31648 b 1 mobilization by the President of the United States as an 2 active duty member of the United States Armed Forces, the 3 Illinois National Guard, or the Reserves of the United 4 States Armed Forces, the fee, commencing with the 2012 5 license year, is one-half of the fee charged for a 6 sportsmen's combination license. Veterans must provide to 7 the Department acceptable verification of their service. 8 The Department shall establish by administrative rule the 9 procedure by which such verification of service shall be 10 made to the Department for the purpose of issuing 11 sportsmen's combination licenses to resident veterans at a 12 reduced fee. 13 (c-5) Residents of this State may obtain a 3-year 14 sportsmen's combination license that shall entitle the 15 holder to the same non-commercial fishing privileges as 16 residents holding a license as described in subsection 17 (a-3) and to the same hunting privileges as residents 18 holding a license to hunt all species as described in 19 Section 3.1 of the Wildlife Code. A 3-year sportsmen's 20 combination license shall not be issued to any individual 21 who would be ineligible for either the fishing or hunting 22 license separately. The 3-year sportsmen's combination 23 license fee shall be 3 times the annual fee. For residents 24 age 65 or older, the fee is one-half of the fee charged for 25 a 3-year sportsmen's combination license. For resident 26 veterans of the United States Armed Forces after returning HB5136 Enrolled - 27 - LRB104 18209 BDA 31648 b 1 from service abroad or mobilization by the President of 2 the United States, the fee is one-half of the fee charged 3 for a 3-year sportsmen's combination license. Veterans 4 must provide to the Department, per administrative rule, 5 verification of their service. The Department shall 6 establish what constitutes suitable verification of 7 service for the purpose of issuing 3-year sportsmen's 8 combination licenses to resident veterans at a reduced 9 fee. 10 (d) For 24 hours of fishing by sport fishing devices 11 as defined in Section 10-95 or by spearing devices as 12 defined in Section 10-110 the fee is $5. This license does 13 not exempt the licensee from the requirement for a salmon 14 or inland trout stamp. The licenses provided for by this 15 subsection are not required for residents of the State of 16 Illinois who have obtained the license provided for in 17 subsection (a) or (a-3) of this Section. 18 (e) All residents before using any commercial mussel 19 device shall obtain a commercial mussel license, the fee 20 for which shall be $50. 21 (f) Residents of this State, upon establishing 22 residency as required by the Department, may obtain a 23 lifetime hunting or fishing license or lifetime 24 sportsmen's combination license which shall entitle the 25 holder to the same non-commercial fishing privileges as 26 residents holding a license as described in subsection HB5136 Enrolled - 28 - LRB104 18209 BDA 31648 b 1 paragraph (a) of this Section and to the same hunting 2 privileges as residents holding a license to hunt all 3 species as described in Section 3.1 of the Wildlife Code , 4 unless otherwise stated in this Section . No lifetime 5 sportsmen's combination license shall be issued to or 6 retained by any individual who would be ineligible for 7 either the fishing or hunting license separately, either 8 upon issuance, or in any year a violation would subject an 9 individual to have either or both fishing or hunting 10 privileges rescinded. The lifetime hunting and fishing 11 license fees shall be as follows: 12 (1) Lifetime fishing: 30 x the current fishing 13 license fee. 14 (2) Lifetime hunting: 30 x the current hunting 15 license fee. 16 (3) Lifetime sportsmen's combination license: 30 x 17 the current sportsmen's combination license fee. 18 Lifetime licenses shall not be refundable. A $10 fee shall 19 be charged for reissuing any lifetime license. 20 Except in the case of the reissuance of a previously purchased 21 lifetime license, the holder of a lifetime fishing or hunting 22 license or a lifetime sportsmen's combination license that is 23 purchased on or after January 1, 2027 must pay the 24 corresponding resident or non-resident fee when purchasing any 25 permits or stamps required by this Code or the Wildlife Code 26 based on the license holder's current permanent abode at the HB5136 Enrolled - 29 - LRB104 18209 BDA 31648 b 1 time of purchasing the permit or stamp. If the lifetime 2 license holder does not live in Illinois at the time of 3 application for any lotteries, drawings, permits, or stamps 4 that are issued or held pursuant to this Code, the Wildlife 5 Code, or any administrative rules issued pursuant to this Code 6 or the Wildlife Code, the lifetime license holder shall be 7 considered a non-resident for purposes of all lotteries, 8 drawings, permits, or stamps issued or held pursuant to this 9 Code, the Wildlife Code, or any administrative rules issued 10 pursuant to this Code or the Wildlife Code. 11 The Department may establish rules and regulations for the 12 issuance and use of lifetime licenses and may suspend or 13 revoke any lifetime license issued under this Section for 14 violations of those rules or regulations or other provisions 15 under this Code or the Wildlife Code, or a violation of the 16 United States Code that involves the taking, possessing, 17 killing, harvesting, transportation, selling, exporting, or 18 importing any fish or aquatic life protected by this Code or 19 the taking, possessing, killing, harvesting, transportation, 20 selling, exporting, or importing any fauna protected by the 21 Wildlife Code when any part of the United States Code 22 violation occurred in Illinois. Individuals under 16 years of 23 age who possess a lifetime hunting or sportsmen's combination 24 license shall have in their possession, while in the field, a 25 certificate of competency as required under Section 3.2 of the 26 Wildlife Code. Any lifetime license issued under this Section HB5136 Enrolled - 30 - LRB104 18209 BDA 31648 b 1 shall not exempt individuals from obtaining additional stamps 2 or permits required under the provisions of this Code or the 3 Wildlife Code. Individuals required to purchase additional 4 stamps shall sign the stamps and have them in their possession 5 while fishing or hunting with a lifetime license. All fees 6 received from the issuance of lifetime licenses shall be 7 deposited in the Fish and Wildlife Endowment Fund. 8 Except for licenses issued under subsection (e) of this 9 Section, all licenses provided for in this Section shall 10 expire on March 31 of each year, except that the license 11 provided for in subsection (d) of this Section shall expire 24 12 hours after the effective date and time listed on the face of 13 the license. Licenses issued under subsection (a-3) or (c-5) 14 shall expire on March 31 of the 2nd year after the year in 15 which the license is issued. 16 The Department shall by administrative rule provide for 17 the automatic renewal of a fishing license upon the request of 18 the applicant. 19 All individuals required to have and failing to have the 20 license provided for in subsection (a), (a-3), or (d) of this 21 Section shall be fined according to the provisions of Section 22 20-35 of this Code. 23 All individuals required to have and failing to have the 24 licenses provided for in subsections (b) and (e) of this 25 Section shall be guilty of a Class B misdemeanor. 26 (g) For the purposes of this Section, "acceptable HB5136 Enrolled - 31 - LRB104 18209 BDA 31648 b 1 verification" means official documentation from the Department 2 of Defense or the appropriate Major Command showing 3 mobilization dates or service abroad dates, including: (i) a 4 DD-214, (ii) a letter from the Illinois Department of Military 5 Affairs for members of the Illinois National Guard, (iii) a 6 letter from the Regional Reserve Command for members of the 7 Armed Forces Reserve, (iv) a letter from the Major Command 8 covering Illinois for active duty members, (v) personnel 9 records for mobilized State employees, and (vi) any other 10 documentation that the Department, by administrative rule, 11 deems acceptable to establish dates of mobilization or service 12 abroad. 13 For the purposes of this Section, the term "service 14 abroad" means active duty service outside of the 50 United 15 States and the District of Columbia, and includes all active 16 duty service in territories and possessions of the United 17 States. 18 (Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22; 19 103-154, eff. 6-30-23; 103-456, eff. 1-1-24; revised 7-3-25.) 20 (515 ILCS 5/20-50) (from Ch. 56, par. 20-50) 21 Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp 22 shall be $6 for both resident and non-resident licensees. The 23 fee for a salmon stamp shall be waived for residents over 75 24 years of age. Every person shall sign the salmon stamp or affix 25 the salmon stamp to his or her license. These stamps shall HB5136 Enrolled - 32 - LRB104 18209 BDA 31648 b 1 expire on March 31 of each year. All individuals required to 2 have and failing to have a salmon stamp as provided in Section 3 20-10 of this Code shall be guilty of a petty offense. 4 (Source: P.A. 98-800, eff. 8-1-14.) 5 (515 ILCS 5/20-90) (from Ch. 56, par. 20-90) 6 Sec. 20-90. Aquaculture permits. Any person who shall 7 engage in the breeding, hatching, propagation, or raising of 8 aquatic life, whether indigenous or non-indigenous to this 9 State, shall first procure a permit from the Department to do 10 so. Aquatic life specified, which is bred, hatched, propagated 11 or raised by a person holding a permit as provided for in this 12 Section, may be transported and sold for food or stocking 13 purposes. Permittees who sell aquatic life propagated or 14 raised under this permit are exempt from possessing a fish or 15 minnow dealers license. 16 Aquaculture permit holders shall maintain records of all 17 aquatic life bought, sold or shipped. These records shall 18 include the name and address of the buyer and seller, the 19 appropriate license or permit number of the buyer and seller, 20 the date of the transaction, and the species, poundage, and 21 origin of aquatic life involved. The records shall be kept for 22 a minimum of 2 years from the date of the transaction and shall 23 be made immediately available to authorized employees of the 24 Department upon request. Records of the annual operations, as 25 may be required by the Department, shall be forwarded to the HB5136 Enrolled - 33 - LRB104 18209 BDA 31648 b 1 Department upon request. 2 Nothing in this Section shall be construed to give 3 permittees authority to take aquatic life in their wild or 4 natural state, contrary to other provisions of this Code, or 5 to remove the permittee from responsibility for the observance 6 of any federal, State, or local laws, rules, or regulations 7 that may apply to the aquatic life. 8 Aquaculture permit holders may harvest aquatic life on 9 licensed aquaculture facilities with commercial fishing 10 devices without obtaining any license for these devices. 11 Before any person imports or receives live, non-indigenous 12 aquatic life for aquaculture or stocking purposes in this 13 State, permission must be obtained from the Department. 14 Regulations governing non-indigenous aquatic life shall be 15 covered by administrative rule. 16 The annual fee for a permit under this Section shall be $50 17 and the permit shall expire on March 31 of each year. 18 Any person who violates any provisions of this Section, 19 including administrative rules relating to this Section, shall 20 be guilty of a business offense and fined not less than $1,000 21 and no more than $5,000. 22 Permitted aquaculture facilities are exempt from length 23 size , catch, and possession limits and seasons on aquatic life 24 when harvested, sold, or transported, except when taken by 25 sport fishing devices. 26 All permits issued under this Section are valid only in HB5136 Enrolled - 34 - LRB104 18209 BDA 31648 b 1 the location described and designated in the application for 2 such permit. 3 (Source: P.A. 100-256, eff. 1-1-18 .) 4 (515 ILCS 5/20-95) (from Ch. 56, par. 20-95) 5 Sec. 20-95. Daily fee fishing area. Any person owning, 6 controlling, or operating a water area, including access to 7 this water area, that is used for fishing by those either 8 directly or indirectly paying a daily fee for fishing shall 9 make application to the Department for a license as provided 10 in this Section. Upon receipt of an application, the 11 Department shall inspect the proposed licensed area described 12 in the application, the size and number of water areas, source 13 of fish for stocking, species of fish to be stocked and 14 determine the ability of the applicant to properly supervise a 15 property of this character. If the Department finds that (i) 16 the area is suitable for the purpose intended, (ii) the 17 operation of the property is not a menace or being established 18 contrary to the laws of this State, (iii) the operations of the 19 fee fishing area will not work a fraud upon individuals 20 utilizing the facilities, and (iv) the issuing of the license 21 will be in the public interest, then the Department shall 22 approve the application and issue a license to operate a 23 "Daily Fee Fishing Area" as described in the application. 24 The fee for a license issued under this Section shall be 25 $50 annually, and the license shall expire on March 31 HB5136 Enrolled - 35 - LRB104 18209 BDA 31648 b 1 following its issuance. 2 Records of the season's operations, as may be required by 3 the Department, shall be forwarded to the Department by the 4 licensee within 30 days after the expiration date of the 5 license. 6 The Department may refuse to issue, refuse to renew, 7 suspend, or revoke any license issued under this Section if 8 the Department finds