Public Act 0790 104TH GENERAL ASSEMBLY

 


 
Public Act 104-0790
 
HB5136 EnrolledLRB104 18209 BDA 31648 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 1-10, 1-120, 5-25, 10-20, 10-25, 10-50,
10-70, 10-75, 10-95, 10-140, 10-150, 15-50, 15-60, 15-100,
15-120, 15-125, 15-130, 15-145, 20-5, 20-10, 20-45, 20-50,
20-90, 20-95, and 20-105 as follows:
 
    (515 ILCS 5/1-10)  (from Ch. 56, par. 1-10)
    Sec. 1-10. Definitions. As used in this Code: Code, terms
are defined according to the following Sections.
    "Administrative rule" means a regulatory measure issued by
the Director under this Code.
    "Air rifle" means an air gun, air pistol, spring gun, gas
gun, spring pistol, B-B gun, pellet gun, or any implement that
is not a firearm and propels a singular globular projectile or
pellet constructed of steel, lead, or other hard materials by
the use of compressed air, compressed gas, or spring power.
    "Angling methods" means the action of sport fishing by
hook and line.
    "Aquatic life" means all fish, mollusks, crustaceans,
algae, aquatic plants, aquatic invertebrates, and any other
aquatic animals or plants that the Department identifies in
administrative rules adopted after consultation with
biologists, zoologists, or other wildlife experts. "Aquatic
life" does not mean any herptiles that are found in the
Herptiles-Herps Act.
    "Aquatic life farm" means property: (i) containing any or
a combination of levee ponds, a strip mine lake, or other type
of lake that has floating cages, raceways, or other aquatic
life rearing equipment and (ii) where the owner of the aquatic
life farm has posted a conspicuous written notice to that
effect. If more than one person owns or has title to the lake,
"aquatic life farm" means the area of the lake containing the
floating cages, raceways, or other aquatic life rearing
equipment.
    "Authorized employee" means all sworn members of the Law
Enforcement Division and those specifically granted law
enforcement authorization by the Director.
    "Blow gun" means a weapon, hunting, or fishing device
consisting of a tube through which an arrow, dart, or
projectile is propelled by force of the breath of a person.
    "Combination license" means an electronic or physical
license authorizing the person to take a certain type of fish
or animal during a specified period of time.
    "Contraband" applies to all aquatic life or any part of
aquatic life taken, bought, sold or bartered, shipped, or held
in possession, or any conveyance, vehicle, watercraft, or
other means of transportation whatever, except sealed railroad
cars or other common carriers, used to transport or ship any
part of aquatic life so taken, contrary to this Code,
including administrative rules, or used to transport, contrary
to this Code, including administrative rules, any of the
previously specified species when taken illegally.
    "Daily limit" means the maximum amount of aquatic life
that a properly licensed individual is permitted to take in
any one day.
    "Department" means the Department of Natural Resources.
    "Director" means the Director of Natural Resources.
    "Dressed" means having the head removed.
    "Fishing" means taking or attempting to take aquatic life
in any waters of the State, by any method, and all other acts
such as placing, setting, drawing, or using any device
commonly used for the taking of aquatic life whether resulting
in taking or not.
    "Fishing license" means an electronic or physical license
authorizing the person to take a certain type of fish during a
specified period of time.
    "Hybrid" means the offspring resulting from the
crossbreeding of 2 different species.
    "Indigenous species" means those species of aquatic life
specified by administrative rule.
    "Individual" means a natural person.
    "Inland trout stamp" means a special stamp issued by the
Department authorizing taking or attempting to take trout in
all waters except Lake Michigan.
    "Minnow" means any fish in the family Leuciscidae.
    "Mussel devices" includes any rake, fork, crow-foot bar,
dredge, or air-breathing device described as follows: (i) rake
or fork: any rake or fork with forks or tines used for
collecting or assembling mussels; (ii) crow-foot bar: a bar of
any material equipped with a series of hooks designed to take
mussels by the insertion of the hooks between the shells of
mussels; (iii) dredge: any hand-operated dredge with openings
not larger than 2 feet in width used for taking mussels; and
(iv) air-breathing device: any air-breathing apparatus that is
attached to a diver and is used during the collecting of
mussels.
    "Mussels" means any fresh water mussel or the shell of a
mussel.
    "Person" includes the plural "persons", females as well as
males, and shall extend and be applied to clubs, associations,
corporations, firms, and partnerships as well as individuals.
    "Resident" means a person who in good faith makes
application for any license or permit and verifies by
statement that he or she has maintained his or her permanent
abode in this State for a period of at least 30 consecutive
days immediately preceding the person's application, and who
does not maintain permanent abode or claim residency in
another state for the purposes of obtaining any of the same or
similar licenses or permits covered by this Code. A person's
permanent abode is his or her fixed and permanent dwelling
place, as distinguished from a temporary or transient place of
residence. Domiciliary intent is required to establish that
the person is maintaining his or her permanent abode in this
State. Evidence of domiciliary intent includes, but is not
limited to, the location where the person votes, pays personal
income tax, or obtains a driver's license. Except for the
purposes of obtaining a lifetime license, any person on active
duty in the Armed Forces shall be considered a resident of
Illinois during his or her period of military duty.
    "Resident commercial fisherman" means an individual who
has actually resided in Illinois for one year immediately
preceding his or her application for a commercial fishing
license and who does not claim residency for a commercial
fishing license in another state or country.
    "Resident commercial musselor" means an individual who has
actually resided in Illinois for one year immediately
preceding his or her application for a commercial mussel
license and who does not claim residency for a commercial
mussel license in another state or country.
    "Roe" means the eggs of fish that are whole and intact
within the egg sac, whether within the body cavity of the fish
or removed. "Roe" does not include eggs removed from the egg
sac.
    "Roe-bearing species" means sturgeon, paddlefish, bowfin,
and any other fish listed as such by the Department in an
administrative rule.
    "Salmon" includes all the salmons and trouts.
    "Salmon stamp" means a special stamp issued by the
Department authorizing taking or attempting to take salmon in
Lake Michigan.
    "Sport fisherman" means an individual who uses or attempts
to use sport fishing devices as stated in Sections 10-95,
10-110, and 10-140.
    "Take" means lure, kill, destroy, capture, gig or spear,
trap or ensnare, or attempt to do so.
    "Taxidermy" means the art of preparing, preserving, and
mounting the skins of fish, birds, or mammals to make them
appear lifelike.
    "Transport" or "ship" means to convey by parcel post,
express, freight, baggage, or shipment by common carrier of
any description; by automobile, motorcycle, or other vehicle
of any kind; by water or aircraft of any kind; or by any other
means of transportation.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/1-120)  (from Ch. 56, par. 1-120)
    Sec. 1-120. Seasons; daily limits. The seasons during
which protected aquatic life may be taken and the length size
limits and daily catch limits set out in this Code are based
upon a proper biological balance and shall be regulated by
administrative rule.
    The Department may not provide for a longer season or a
larger daily catch limit than is provided in this Code, except
as provided by Section 1-150.
    The Department shall modify existing provisions, when
necessary, including open seasons, length size limits, quotas,
limited entry, and methods of taking fish from the waters of
Lake Michigan under the jurisdiction of the State of Illinois,
in order that the compact between the Canadian provinces and
those States of the United States adjacent to the Great Lakes,
including the United States and Canadian Governments, may be
fulfilled in the best interests of the fisheries resources and
the general public.
    Employees or agents of any federal, State, or municipal
government or body, when engaged in investigative work, may by
prior written approval of the Director be exempted from this
Code.
(Source: P.A. 87-833.)
 
    (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, 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, but in no case shall the
minimum value of all aquatic life and their hybrids, whether
dressed or not dressed, be less than the following:
        (1) For each muskellunge or muskellunge hybrid,
    northern pike, walleye or walleye hybrid, striped bass or
    striped bass hybrid, 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, chinook salmon caught
    from August 1 through December 31, and all other aquatic
    life, not listed in this paragraph or paragraph paragraphs
    (1) or , (2), or (5) of this 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. 102-368, eff. 1-1-22.)
 
    (515 ILCS 5/10-20)  (from Ch. 56, par. 10-20)
    Sec. 10-20. Length Size limit; northern pike. All northern
pike in the possession of any individual shall be not less than
24 inches in length, except that northern pike of any length
size may be possessed that are taken in the waters of the
Mississippi River.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/10-25)  (from Ch. 56, par. 10-25)
    Sec. 10-25. Daily limit; northern pike, sauger, and
walleye.
    (a) Except as provided in subsections (b) and (c), all
properly licensed individuals shall be permitted to take, in
any one day, no more than 3 northern pike, 6 sauger, 6 or
walleye or their hybrids, or 6 in the aggregate of sauger and
walleye or their hybrids.
    (b) In the waters of the Mississippi River between Iowa
and Illinois, all properly licensed individuals shall be
permitted to take, in any one day, no more than 5 northern
pike, 10 sauger or walleye, or 10 in the aggregate of sauger
and walleye.
    (c) In the waters of the Mississippi River between
Missouri and Illinois, all properly licensed individuals shall
be permitted to take, in any one day, no more than one northern
pike, 8 sauger or walleye, or 8 in the aggregate of sauger and
walleye.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/10-50)  (from Ch. 56, par. 10-50)
    Sec. 10-50. Length Size limit; trout and salmon. All
rainbow trout, lake trout, brown trout, brook trout, Atlantic
salmon, coho salmon, chinook salmon, pink salmon, or other
salmonids when taken or in the possession of a person after
having been taken from the waters of Lake Michigan shall be not
less than 10 inches in length.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/10-70)  (from Ch. 56, par. 10-70)
    Sec. 10-70. Aquatic life included in daily limit.
    (a) Any aquatic life taken into actual possession, unless
released unharmed immediately, shall be included in the daily
limit of the person having so taken the aquatic life for the
day when taken.
    (b) Fish released unharmed by participants in a bona fide
catch-and-release fishing tournament, which requires the
participants to have a boat live well with a pump constantly
adding fresh or recirculating water, shall not be included in
the daily limit. However, at no time may the daily limit be
exceeded.
    (c) All individuals licensed under this Code are permitted
to take on a daily basis no more than the daily limit of
aquatic life that is established by this Code, including any
limits established by administrative rule under this Code.
(Source: P.A. 87-833; 88-3.)
 
    (515 ILCS 5/10-75)  (from Ch. 56, par. 10-75)
    Sec. 10-75. Application of Article. This Article 10 shall
apply only to aquatic life in waters and lands wholly or in
part within the boundaries of the State of Illinois.
    The provisions of Sections 10-5 through 10-75 are subject
to modification by administrative rule.
    Aquatic life legally taken in and transported from other
states or countries may be possessed within the State of
Illinois, subject to the provisions of Sections 15-55 and
15-60 of this Code.
    Any aquatic life taken at any time except during an open
season established under this Code, including administrative
rules, or of a length size less than the minimum provided by
this Code, including administrative rules, shall be
immediately returned, without unnecessary injury, to the
waters from which taken.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/10-95)  (from Ch. 56, par. 10-95)
    Sec. 10-95. Number of hooks; untagged devices. Any
individual possessing a valid sport fishing license may take
aquatic life by hand, or may use pole and line, bank pole and
line, throw line, trotline, buoyed ganging devices, or other
legal devices not exceeding 50 hooks in the aggregate; ,
however, any individual at any one time is allowed to use under
his or her immediate control only 2 untagged sport fishing
devices and any additional devices up to the aggregate of 50
hooks must be tagged with his or her name, and mailing address,
and phone number. It shall be unlawful to sell or barter any
aquatic life or parts thereof taken by sport fishing devices.
    A dip net for non-commercial smelt fishing in Lake
Michigan may be used subject to the provisions of Section
10-40.
    Dip nets that are subject to the provisions of Section
15-120 may be used to take carp, buffalo, carpsuckers, or shad
for personal consumption. The taking of aquatic life with a
dip net is not permitted within 100 feet of the base of any
dam.
    Any sport fishing device, including trot line device, bank
pole, and throw line or buoyed ganging devices, left
unattended must be tagged with the name, and mailing address,
and phone number of the operator. All required tags shall be in
a position to be at all times exposed to public view.
    A sport fishing license permits the holder to seine for
minnows, provided that minnows are not sold. The seine shall
not be longer than 20 feet, deeper than 6 feet, or contain mesh
larger than 1/2 inch bar measurement.
(Source: P.A. 89-66, eff. 1-1-96.)
 
    (515 ILCS 5/10-140)  (from Ch. 56, par. 10-140)
    Sec. 10-140. Seines Dip nets, minnow traps, casting nets,
and shad scoops.
    (a) Any individual possessing a valid sport fishing
license may use a seine, minnow trap dip net, casting net, or
shad scoop to take certain species. The taking of aquatic life
with a seine, minnow trap dip net, casting net, or shad scoop
shall not be permitted within 100 feet of the base of any dam.
    (b) Minnows, shad, common carp and crayfish may be taken
with a seine for use as bait on the water body where taken Dip
nets may be used to take carp, buffalo, carpsuckers, or shad
for personal consumption.
    (c) Minnows and crayfish may be taken with a minnow trap
for use as bait on the water body where taken. Any minnow trap
left unattended must be tagged with the name, mailing address,
and phone number of the operator.
    (d) (c) Bighead carp (Hypophthalmichthys nobilis), black
carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon
idella), and silver carp (Hypophthalmichthys molitrix) may be
taken with a casting net or shad scoop and used for bait on the
body of water where they are collected if they are killed
immediately.
    (e) (d) Mooneye (Hiodon tergisus), goldeye (Hiodon
alosoides), skipjack herring (Alosa chrysochloris), carp
(other than bighead carp (Hypophthalmichthys nobilis), black
carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon
idella), and silver carp (Hypophthalmichthys molitrix)), and
any other fish listed in Section 10-110 of this Code may be
taken with a casting net or shad scoop and used for live or
dead bait on the body of water where they are collected.
    (f) No seines shall be longer than 20 feet or deeper than 6
feet or contain mesh larger than 1/2 inch bar measurement. All
minnow traps shall not be more than 24 inches in width or
diameter or 36 inches in length or shall use a mesh larger than
1/2 inch bar measurement. (e) All casting nets shall not be (1)
larger than 24 feet in diameter or (2) of a mesh larger than 1
inch bar measurement. All shad scoops shall not be (1) larger
than 30 inches in diameter, (2) of a mesh not larger than 1/2
inch bar measurement, or (3) longer than 4 feet in length.
    (g) (f) Fish taken by means listed in this Section shall
not be sold or bartered. Except as otherwise provided by law,
the taking of species other than those listed in this Section
by sport fishing devices game fish by dip net without a
commercial fishing license shall be a petty offense punishable
by a minimum fine of $100, plus confiscation of illegally used
equipment under Article 1 of this Code.
(Source: P.A. 102-837, eff. 5-13-22.)
 
    (515 ILCS 5/10-150)
    Sec. 10-150. Fishing limits; private property. The limits
established in this Article on the number and length size of
fish a person may take in a day do not apply to a person
fishing in waters wholly within his or her private property.
(Source: P.A. 99-532, eff. 7-8-16.)
 
    (515 ILCS 5/15-50)  (from Ch. 56, par. 15-50)
    Sec. 15-50. Regulation. Except as provided in Section
20-90 no person shall buy, sell or barter, or offer to buy,
sell or barter, nor shall any commercial institution or any
regularly operated refrigerated storage establishment have in
its possession, aquatic life protected by this Code except
those species taken under the conditions and of the size or
length described in Sections 15-55 and 15-60 and
administrative rules pertaining to the taking of commercial
fish or mussels. Any person who is found guilty of violating
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/15-60)  (from Ch. 56, par. 15-60)
    Sec. 15-60. Legal length size; various species. When taken
from waters wholly or in part within the boundaries of the
State of Illinois, except from the Ohio River, the following
species shall be not less in length size than provided in this
Section: channel catfish, flathead catfish, blue catfish, or
white catfish, 15 inches in length undressed or 12 inches in
length dressed.
(Source: P.A. 90-57, eff. 1-1-98.)
 
    (515 ILCS 5/15-100)  (from Ch. 56, par. 15-100)
    Sec. 15-100. Length and mesh size of seine. Except as
provided in Sections 20-5 through 20-25, any commercial
fisherman as defined in this Code person may use a single seine
not exceeding 100 yards in length of 1 1/2 inch bar
measurement. In all seines over 100 yards in length it shall be
unlawful at any time to use any mesh less than 2 inch bar
measurement except that all seines over 100 yards in length
may have a section of the seine not more than 300 feet in
length of 1 1/2 inch bar measurement. No seine shall be more
than 1500 yards in length. If seines are more than 200 yards in
length they must be operated with a backstop constructed of
vertical slats not less than 1 1/4 inches apart or 3 inch bar
measurement netting or of chicken wire or metallic cloths of
not less than 1 1/2 inches square and shall not be dragged or
otherwise operated in less than 2 feet of water.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/15-120)  (from Ch. 56, par. 15-120)
    Sec. 15-120. Mesh size of dip nets. It shall be unlawful to
use any dip net having a mesh less than 1 1/2 inches bar
measurement or more than 15 feet in length, width, square or in
diameter.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/15-125)  (from Ch. 56, par. 15-125)
    Sec. 15-125. Live box or live net. All live boxes and live
nets in which any aquatic life protected by this Code is held
shall be plainly labeled with the name, and address, and phone
number of the owner.
(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 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 1-125 1-135.
(Source: P.A. 102-724, eff. 1-1-23.)
 
    (515 ILCS 5/15-145)  (from Ch. 56, par. 15-145)
    Sec. 15-145. Tagging commercial devices. It shall be the
responsibility of each person licensed as a commercial
fisherman or musselor to furnish and attach to each commercial
device being used a metal tag inscribed with the name, and
address, and phone number of the licensee. Absence of this
tagging shall be prima facie evidence that the commercial
fishing or mussel device or devices are illegally used and the
devices shall be confiscated and disposed of as directed by
the Department.
(Source: P.A. 87-833.)
 
    (515 ILCS 5/20-5)  (from Ch. 56, par. 20-5)
    Sec. 20-5. Necessity of license; exemptions.
    (a) Any person taking or attempting to take any fish,
including minnows for commercial purposes, turtles, mussels,
crayfish, or frogs by any means whatever in any waters or lands
wholly or in part within the jurisdiction of the State,
including that part of Lake Michigan under the jurisdiction of
this State, shall first obtain a license to do so, and shall do
so only during the respective periods of the year when it shall
be lawful as provided in this Code. Individuals under 16,
blind residents or residents with a disability, or individuals
fishing at fee fishing areas licensed by the Department,
however, may fish with sport fishing devices without being
required to have a license. For the purpose of this Section an
individual is blind or has a disability if that individual has
a Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act. For 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.
    (b) A courtesy non-resident sport fishing license or stamp
may be issued at the discretion of the Director, without fee,
to (i) any individual officially employed in the wildlife and
fish or conservation department of another state or of the
United States who is within the State to assist or consult or
cooperate with the Director or (ii) the officials of other
states, the United States, foreign countries, or officers or
representatives of conservation organizations or publications
while in the State as guests of the Governor or Director.
    (c) The Director may issue special fishing permits without
cost to groups of hospital patients or to individuals with
disabilities for use on specified dates in connection with
supervised fishing for therapy.
    (d) Veterans who, as certified by the United States
Department of Veterans Affairs, are at least 10% disabled with
service-related disabilities or in receipt of total disability
pensions may fish with sport fishing devices during those
periods of the year it is lawful to do so without being
required to have a license, on the condition that their
respective disabilities do not prevent them from fishing in a
manner which is safe to themselves and others.
    (e) Each year the Director may designate a period, not to
exceed 4 days in duration, when sport fishermen may fish
waters wholly or in part within the jurisdiction of the State,
including that part of Lake Michigan under the jurisdiction of
the State, and not be required to obtain the license or stamp
required by subsection (a) of this Section, Section 20-10,
Section 20-11, or subsection (a) of Section 20-55. The term of
any such period shall be established by administrative rule.
This subsection shall not apply to commercial fishing.
    (f) The Director may issue special fishing permits without
cost for a group event, restricted to specific dates and
locations if it is determined by the Department that the event
is beneficial in promoting sport fishing in Illinois.
(Source: P.A. 104-234, eff. 8-15-25; 104-435, eff. 11-21-25.)
 
    (515 ILCS 5/20-10)  (from Ch. 56, par. 20-10)
    Sec. 20-10. Salmon stamp. Any individual taking or
attempting to take salmon in Lake Michigan shall, in addition
to any other license required by this Code, first obtain a
salmon stamp authorized by the Department and affix it to his
or her license. Individuals not required to obtain a license
are not required to obtain a salmon stamp.
(Source: P.A. 87-135; 87-833; 87-895; 88-91.)
 
    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
    Sec. 20-45. License fees for residents. Fees for licenses
for residents of the State of Illinois shall be as follows:
        (a) Except as otherwise provided in this Section, for
    sport fishing devices as defined in Section 10-95 or
    spearing devices as defined in Section 10-110, the fee is
    $14.50 for individuals 16 to 64 years old, one-half of the
    current fishing license fee for individuals age 65 or
    older, and, commencing with the 2012 license year,
    one-half of the current fishing license fee for resident
    veterans of the United States Armed Forces after returning
    from service abroad or mobilization by the President of
    the United States as an active duty member of the United
    States Armed Forces, the Illinois National Guard, or the
    Reserves of the United States Armed Forces. Veterans must
    provide to the Department acceptable verification of their
    service. The Department shall establish by administrative
    rule the procedure by which such verification of service
    shall be made to the Department for the purpose of issuing
    fishing licenses to resident veterans at a reduced fee.
        (a-3) Except as otherwise provided in this Section,
    for sport fishing devices as defined in Section 10-95 or
    spearing devices as defined in Section 10-110, residents
    of this State may obtain a 3-year fishing license. The fee
    for a 3-year fishing license is 3 times the annual fee. For
    residents age 65 or older, the fee is one half of the fee
    charged for a 3-year fishing license. For resident
    veterans of the United States Armed Forces after returning
    from service abroad or mobilization by the President of
    the United States, the fee is one-half of the fee charged
    for a 3-year fishing license. Veterans must provide to the
    Department, per administrative rule, verification of their
    service. The Department shall establish what constitutes
    suitable verification of service for the purpose of
    issuing 3-year fishing licenses to resident veterans at a
    reduced fee.
        (a-5) The fee for all sport fishing licenses shall be
    $1 for an annual license and 3 times the annual fee for a
    3-year license for residents over 75 years of age.
        (b) All residents before using any commercial fishing
    device shall obtain a commercial fishing license, the fee
    for which shall be $60, and a resident fishing license,
    the fee for which is $14.50. Each and every commercial
    device used shall be licensed by a resident commercial
    fisherman as follows:
            (1) For each 100 lineal yards, or fraction
        thereof, of seine the fee is $18. For each minnow
        seine, minnow trap, or net for commercial purposes the
        fee is $20.
            (2) For each device to fish with a 100 hook trot
        line device, basket trap, hoop net, or dip net the fee
        is $3.
            (3) When used in the waters of Lake Michigan, for
        the first 2000 lineal feet, or fraction thereof, of
        gill net the fee is $10; and for each 1000 additional
        lineal feet, or fraction thereof, the fee is $10.
        These fees shall apply to all gill nets in use in the
        water or on drying reels on the shore.
            (4) For each 100 lineal yards, or fraction
        thereof, of gill net or trammel net the fee is $18.
        (c) Residents of this State may obtain a sportsmen's
    combination license that shall entitle the holder to the
    same non-commercial fishing privileges as residents
    holding a license as described in subsection (a) of this
    Section and to the same hunting privileges as residents
    holding a license to hunt all species as described in
    Section 3.1 of the Wildlife Code. No sportsmen's
    combination license shall be issued to any individual who
    would be ineligible for either the fishing or hunting
    license separately. The sportsmen's combination license
    fee shall be $25.50. For residents age 65 or older, the fee
    is one-half of the fee charged for a sportsmen's
    combination license. For resident veterans of the United
    States Armed Forces after returning from service abroad or
    mobilization by the President of the United States as an
    active duty member of the United States Armed Forces, the
    Illinois National Guard, or the Reserves of the United
    States Armed Forces, the fee, commencing with the 2012
    license year, is one-half of the fee charged for a
    sportsmen's combination license. Veterans must provide to
    the Department acceptable verification of their service.
    The Department shall establish by administrative rule the
    procedure by which such verification of service shall be
    made to the Department for the purpose of issuing
    sportsmen's combination licenses to resident veterans at a
    reduced fee.
        (c-5) Residents of this State may obtain a 3-year
    sportsmen's combination license that shall entitle the
    holder to the same non-commercial fishing privileges as
    residents holding a license as described in subsection
    (a-3) and to the same hunting privileges as residents
    holding a license to hunt all species as described in
    Section 3.1 of the Wildlife Code. A 3-year sportsmen's
    combination license shall not be issued to any individual
    who would be ineligible for either the fishing or hunting
    license separately. The 3-year sportsmen's combination
    license fee shall be 3 times the annual fee. For residents
    age 65 or older, the fee is one-half of the fee charged for
    a 3-year sportsmen's combination license. For resident
    veterans of the United States Armed Forces after returning
    from service abroad or mobilization by the President of
    the United States, the fee is one-half of the fee charged
    for a 3-year sportsmen's combination license. Veterans
    must provide to the Department, per administrative rule,
    verification of their service. The Department shall
    establish what constitutes suitable verification of
    service for the purpose of issuing 3-year sportsmen's
    combination licenses to resident veterans at a reduced
    fee.
        (d) For 24 hours of fishing by sport fishing devices
    as defined in Section 10-95 or by spearing devices as
    defined in Section 10-110 the fee is $5. This license does
    not exempt the licensee from the requirement for a salmon
    or inland trout stamp. The licenses provided for by this
    subsection are not required for residents of the State of
    Illinois who have obtained the license provided for in
    subsection (a) or (a-3) of this Section.
        (e) All residents before using any commercial mussel
    device shall obtain a commercial mussel license, the fee
    for which shall be $50.
        (f) Residents of this State, upon establishing
    residency as required by the Department, may obtain a
    lifetime hunting or fishing license or lifetime
    sportsmen's combination license which shall entitle the
    holder to the same non-commercial fishing privileges as
    residents holding a license as described in subsection
    paragraph (a) of this Section and to the same hunting
    privileges as residents holding a license to hunt all
    species as described in Section 3.1 of the Wildlife Code,
    unless otherwise stated in this Section. No lifetime
    sportsmen's combination license shall be issued to or
    retained by any individual who would be ineligible for
    either the fishing or hunting license separately, either
    upon issuance, or in any year a violation would subject an
    individual to have either or both fishing or hunting
    privileges rescinded. The lifetime hunting and fishing
    license fees shall be as follows:
            (1) Lifetime fishing: 30 x the current fishing
        license fee.
            (2) Lifetime hunting: 30 x the current hunting
        license fee.
            (3) Lifetime sportsmen's combination license: 30 x
        the current sportsmen's combination license fee.
    Lifetime licenses shall not be refundable. A $10 fee shall
be charged for reissuing any lifetime license.
Except in the case of the reissuance of a previously purchased
lifetime license, the holder of a lifetime fishing or hunting
license or a lifetime sportsmen's combination license that is
purchased on or after January 1, 2027 must pay the
corresponding resident or non-resident fee when purchasing any
permits or stamps required by this Code or the Wildlife Code
based on the license holder's current permanent abode at the
time of purchasing the permit or stamp. If the lifetime
license holder does not live in Illinois at the time of
application for any lotteries, drawings, permits, or stamps
that are issued or held pursuant to this Code, the Wildlife
Code, or any administrative rules issued pursuant to this Code
or the Wildlife Code, the lifetime license holder shall be
considered a non-resident for purposes of all lotteries,
drawings, permits, or stamps issued or held pursuant to this
Code, the Wildlife Code, or any administrative rules issued
pursuant to this Code or the Wildlife Code.
    The Department may establish rules and regulations for the
issuance and use of lifetime licenses and may suspend or
revoke any lifetime license issued under this Section for
violations of those rules or regulations or other provisions
under this Code or the Wildlife Code, or a violation of the
United States Code that involves the taking, possessing,
killing, harvesting, transportation, selling, exporting, or
importing any fish or aquatic life protected by this Code or
the taking, possessing, killing, harvesting, transportation,
selling, exporting, or importing any fauna protected by the
Wildlife Code when any part of the United States Code
violation occurred in Illinois. Individuals under 16 years of
age who possess a lifetime hunting or sportsmen's combination
license shall have in their possession, while in the field, a
certificate of competency as required under Section 3.2 of the
Wildlife Code. Any lifetime license issued under this Section
shall not exempt individuals from obtaining additional stamps
or permits required under the provisions of this Code or the
Wildlife Code. Individuals required to purchase additional
stamps shall sign the stamps and have them in their possession
while fishing or hunting with a lifetime license. All fees
received from the issuance of lifetime licenses shall be
deposited in the Fish and Wildlife Endowment Fund.
    Except for licenses issued under subsection (e) of this
Section, all licenses provided for in this Section shall
expire on March 31 of each year, except that the license
provided for in subsection (d) of this Section shall expire 24
hours after the effective date and time listed on the face of
the license. Licenses issued under subsection (a-3) or (c-5)
shall expire on March 31 of the 2nd year after the year in
which the license is issued.
    The Department shall by administrative rule provide for
the automatic renewal of a fishing license upon the request of
the applicant.
    All individuals required to have and failing to have the
license provided for in subsection (a), (a-3), or (d) of this
Section shall be fined according to the provisions of Section
20-35 of this Code.
    All individuals required to have and failing to have the
licenses provided for in subsections (b) and (e) of this
Section shall be guilty of a Class B misdemeanor.
    (g) For the purposes of this Section, "acceptable
verification" means official documentation from the Department
of Defense or the appropriate Major Command showing
mobilization dates or service abroad dates, including: (i) a
DD-214, (ii) a letter from the Illinois Department of Military
Affairs for members of the Illinois National Guard, (iii) a
letter from the Regional Reserve Command for members of the
Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel
records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
    For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22;
103-154, eff. 6-30-23; 103-456, eff. 1-1-24; revised 7-3-25.)
 
    (515 ILCS 5/20-50)  (from Ch. 56, par. 20-50)
    Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp
shall be $6 for both resident and non-resident licensees. The
fee for a salmon stamp shall be waived for residents over 75
years of age. Every person shall sign the salmon stamp or affix
the salmon stamp to his or her license. These stamps shall
expire on March 31 of each year. All individuals required to
have and failing to have a salmon stamp as provided in Section
20-10 of this Code shall be guilty of a petty offense.
(Source: P.A. 98-800, eff. 8-1-14.)
 
    (515 ILCS 5/20-90)  (from Ch. 56, par. 20-90)
    Sec. 20-90. Aquaculture permits. Any person who shall
engage in the breeding, hatching, propagation, or raising of
aquatic life, whether indigenous or non-indigenous to this
State, shall first procure a permit from the Department to do
so. Aquatic life specified, which is bred, hatched, propagated
or raised by a person holding a permit as provided for in this
Section, may be transported and sold for food or stocking
purposes. Permittees who sell aquatic life propagated or
raised under this permit are exempt from possessing a fish or
minnow dealers license.
    Aquaculture permit holders shall maintain records of all
aquatic life bought, sold or shipped. These records shall
include the name and address of the buyer and seller, the
appropriate license or permit number of the buyer and seller,
the date of the transaction, and the species, poundage, and
origin of aquatic life involved. The records shall be kept for
a minimum of 2 years from the date of the transaction and shall
be made immediately available to authorized employees of the
Department upon request. Records of the annual operations, as
may be required by the Department, shall be forwarded to the
Department upon request.
    Nothing in this Section shall be construed to give
permittees authority to take aquatic life in their wild or
natural state, contrary to other provisions of this Code, or
to remove the permittee from responsibility for the observance
of any federal, State, or local laws, rules, or regulations
that may apply to the aquatic life.
    Aquaculture permit holders may harvest aquatic life on
licensed aquaculture facilities with commercial fishing
devices without obtaining any license for these devices.
    Before any person imports or receives live, non-indigenous
aquatic life for aquaculture or stocking purposes in this
State, permission must be obtained from the Department.
Regulations governing non-indigenous aquatic life shall be
covered by administrative rule.
    The annual fee for a permit under this Section shall be $50
and the permit shall expire on March 31 of each year.
    Any person who violates any provisions of this Section,
including administrative rules relating to this Section, shall
be guilty of a business offense and fined not less than $1,000
and no more than $5,000.
    Permitted aquaculture facilities are exempt from length
size, catch, and possession limits and seasons on aquatic life
when harvested, sold, or transported, except when taken by
sport fishing devices.
    All permits issued under this Section are valid only in
the location described and designated in the application for
such permit.
(Source: P.A. 100-256, eff. 1-1-18.)
 
    (515 ILCS 5/20-95)  (from Ch. 56, par. 20-95)
    Sec. 20-95. Daily fee fishing area. Any person owning,
controlling, or operating a water area, including access to
this water area, that is used for fishing by those either
directly or indirectly paying a daily fee for fishing shall
make application to the Department for a license as provided
in this Section. Upon receipt of an application, the
Department shall inspect the proposed licensed area described
in the application, the size and number of water areas, source
of fish for stocking, species of fish to be stocked and
determine the ability of the applicant to properly supervise a
property of this character. If the Department finds that (i)
the area is suitable for the purpose intended, (ii) the
operation of the property is not a menace or being established
contrary to the laws of this State, (iii) the operations of the
fee fishing area will not work a fraud upon individuals
utilizing the facilities, and (iv) the issuing of the license
will be in the public interest, then the Department shall
approve the application and issue a license to operate a
"Daily Fee Fishing Area" as described in the application.
    The fee for a license issued under this Section shall be
$50 annually, and the license shall expire on March 31
following its issuance.
    Records of the season's operations, as may be required by
the Department, shall be forwarded to the Department by the
licensee within 30 days after the expiration date of the
license.
    The Department may refuse to issue, refuse to renew,
suspend, or revoke any license issued under this Section if
the Department finds that the licensed area or its operator is
not in compliance with this Section. The Department, unless
authorized pursuant to Section 20-105, however, shall not
refuse to issue or renew, or suspend or revoke, any license for
any cause other than the protection of public health and
safety or if the area is operated unlawfully, unless the
licensee affected is given at least 15 days' days notice, in
writing, of the reasons for the action of the Department and
given an opportunity to appear before the Department or its
representative in opposition to the action of the Department.
The Department shall adopt administrative rules establishing
revocation and suspension procedures.
(Source: P.A. 100-256, eff. 1-1-18.)
 
    (515 ILCS 5/20-105)  (from Ch. 56, par. 20-105)
    Sec. 20-105. Revocation and suspension; refusal to issue.
    (a) Whenever a license or permit is issued to any person
under this Code and its holder pleads guilty, is found guilty,
or receives court supervision for: (1) of any
misrepresentation in obtaining the license or permit; (2) or
of a violation of Section 48-3 of the Criminal Code of 2012;
(3) or a violation of any of the provisions of this Code,
including administrative rules; or (4) , or a violation of the
United States Code that involves the taking, possessing,
killing, harvesting, transportation, selling, exporting, or
importing any aquatic life protected by this Code when any
part of the United States Code violation occurred in Illinois,
the license or permit may be revoked by the Department and the
Department may refuse to issue any permit or license to that
person and may suspend the person from engaging in the
activity requiring the permit or license for a period of time
as established by administrative rule, unless otherwise
specified in this Act not to exceed 5 years following the
revocation. Department revocation or suspension procedures
procedure shall be established by administrative rule.
    (b) Whenever any person who has not been issued a license
or a permit under the provisions of this Code pleads guilty to,
is found guilty of, or receives court supervision for any of
the following: (1) a violation of Section 48-3 of the Criminal
Code of 2012; (2) or a violation of the provisions of this
Code, including administrative rules; or (3) , or a violation
of the United States Code that involves the taking,
possessing, killing, harvesting, transportation, selling,
exporting, or importing any aquatic life protected by this
Code when any part of the United States Code violation
occurred in Illinois, the Department may refuse to issue any
permit or license to that person, and suspend that person from
engaging in the activity requiring the permit or license for a
period of time as established by administrative rule, unless
otherwise specified in this Act not to exceed 5 years.
    (c) Any person who knowingly or intentionally violates any
of the provisions of this Code, including administrative
rules, during the 5 years following the revocation of his or
her license or permit under subsection (a) or during the time
he is suspended under subsection (b), shall be guilty of a
Class A misdemeanor as provided in Section 20-35. The
penalties for a violation of Section 48-3 of the Criminal Code
of 2012 shall be as provided in that Section.
    (d) A person whose license or permit to engage in any
activity regulated by this Code has been suspended or revoked
may not, during the period of the suspension or revocation or
until obtaining such a license or permit, (i) be in the company
of any person engaging in the activity covered by the
suspension or revocation or (ii) serve as a guide, outfitter,
or facilitator for a person who is engaged or prepared to
engage in the activity covered by the suspension or
revocation.
    (e) No person may be issued or obtain a license or permit
or engage in any activity regulated by this Code during the
time that the person's privilege to engage in the same or
similar activities is suspended or revoked by another state,
by a federal agency, or by a province of Canada.
    (f) Any person whose license, stamps, permits, or any
other privilege issued by the Department has been suspended or
revoked shall immediately return proof of such privileges to
the Department. The Department, or any law enforcement entity,
is authorized to take possession of any proof of privileges.
Any person failing to comply with this subsection by
possessing a suspended or revoked license, stamp, or permit
issued by the Department after having received written notice
from the Department or any other State agency or department of
such suspension or revocation is guilty of a Class A
misdemeanor.
    (g) The Department shall suspend the privileges of any
person who pleads guilty, is found guilty, or receives court
supervision for a violation of Section 20-95. The Department
may refuse to issue, refuse to renew, suspend, or revoke any
license issued under Section 20-95 if the Department finds
that the licensed area or its operator is not in compliance
with Section 20-95. The Department, however, shall not
suspend, revoke, or refuse to issue or renew any license
issued under Section 20-95 for any cause other than the
protection of public health and safety or, if the area is
operated unlawfully, unless the licensee affected is given at
least 15 days' notice, in writing, of the reasons for the
action of the Department and given an opportunity to appear
before the Department or its representative in opposition to
the action of the Department.
    (h) The Department shall not reinstate any fishing
privileges that were suspended or revoked under this Code
while that person still owes any court-ordered fines, fees,
penalties, or any reinstatement fee issued by the Department
under the Department of Natural Resources (Conservation) Law
of the Civil Administrative Code of Illinois.
(Source: P.A. 102-837, eff. 5-13-22; 103-456, eff. 1-1-24.)
 
    (515 ILCS 5/1-15 rep.)
    (515 ILCS 5/1-17 rep.)
    (515 ILCS 5/1-18 rep.)
    (515 ILCS 5/1-20 rep.)
    (515 ILCS 5/1-20.5 rep.)
    (515 ILCS 5/1-25 rep.)
    (515 ILCS 5/1-26 rep.)
    (515 ILCS 5/1-27 rep.)
    (515 ILCS 5/1-30 rep.)
    (515 ILCS 5/1-35 rep.)
    (515 ILCS 5/1-40 rep.)
    (515 ILCS 5/1-45 rep.)
    (515 ILCS 5/1-50 rep.)
    (515 ILCS 5/1-51 rep.)
    (515 ILCS 5/1-53 rep.)
    (515 ILCS 5/1-55 rep.)
    (515 ILCS 5/1-60 rep.)
    (515 ILCS 5/1-65 rep.)
    (515 ILCS 5/1-70 rep.)
    (515 ILCS 5/1-75 rep.)
    (515 ILCS 5/1-80 rep.)
    (515 ILCS 5/1-85 rep.)
    (515 ILCS 5/1-90 rep.)
    (515 ILCS 5/1-91 rep.)
    (515 ILCS 5/1-95 rep.)
    (515 ILCS 5/1-100 rep.)
    (515 ILCS 5/1-103 rep.)
    (515 ILCS 5/1-105 rep.)
    (515 ILCS 5/1-110 rep.)
    (515 ILCS 5/1-115 rep.)
    (515 ILCS 5/1-116 rep.)
    (515 ILCS 5/1-117 rep.)
    Section 10. The Fish and Aquatic Life Code is amended by
repealing Sections 1-15, 1-17, 1-18, 1-20, 1-20.5, 1-25, 1-26,
1-27, 1-30, 1-35, 1-40, 1-45, 1-50, 1-51, 1-53, 1-55, 1-60,
1-65, 1-70, 1-75, 1-80, 1-85, 1-90, 1-91, 1-95, 1-100, 1-103,
1-105, 1-110, 1-115, 1-116, and 1-117.