| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 102-0368 Public Act 0368 102ND GENERAL ASSEMBLY |
Public Act 102-0368 | SB1878 Enrolled | LRB102 17234 KMF 22695 b |
|
| AN ACT concerning fish.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Fish and Aquatic Life Code is amended by | changing Section 5-25 as follows:
| (515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
| Sec. 5-25. Value of protected species; violations.
| (a) Any person who, for profit or commercial purposes, | knowingly
captures or kills, possesses, offers for sale, | sells, offers to barter,
barters, offers to purchase, | purchases, delivers for shipment, ships,
exports, imports, | causes to be shipped, exported, or imported, delivers for
| transportation, transports or causes to be transported, | carries or causes
to be carried, or receives for shipment, | transportation, carriage, or
export any aquatic life , or parts | thereof , in part or in whole of any of the species
protected by | this Code, contrary to the provisions of the Code or | administrative rule , and that
aquatic life, in whole or in | part, is valued at or in excess of a total of $300,
as per | species value specified in subsection (c) of this Section, | commits a Class 3
felony.
| A person is guilty of a Class 4 felony if convicted under | this Section for more than one violation within a 90-day |
| period if the aquatic life involved in each violation are not | valued at or in excess of $300 but the total value of the | aquatic life involved with the multiple violations is at or in | excess of $300. The prosecution for a Class 4 felony for these | multiple violations must be alleged in a single charge or | indictment and brought in a single prosecution.
| Any person who violates this subsection (a) when the total | value of species is less than $300 commits a Class A | misdemeanor except as otherwise provided.
| (b) Possession of aquatic life, in whole or in part, | captured or killed
in violation of this Code, valued at or in | excess of $600, as per species value
specified in subsection | (c) of this Section, shall be considered prima facie
evidence | of possession for profit or commercial purposes.
| (c) For purposes of this Section, the fair market value or | replacement cost, whichever is greater, must be used to | determine the value of the species protected by this Code , but | in no case shall the minimum value of all aquatic life and | their
hybrids protected by
this Code , whether dressed or not | dressed, be less than the following:
| (1) For each muskellunge, northern pike, walleye,
| striped bass, sauger, largemouth bass, smallmouth bass, | spotted bass, trout (all species), salmon (all species | other than chinook
caught from August 1 through December | 31), bowfin, paddlefish, and sturgeon (other than pallid | or lake sturgeon) of a weight, dressed
or not dressed, of |
| one pound or more, $4 for each pound or fraction of a
| pound. For each individual fish with a dressed
or not | dressed
weight of less than one pound, $4. For parts of | fish
processed
past the dressed state, $8 per pound.
| (2) For each warmouth, rock bass, white bass, yellow | bass, sunfish (all
species except largemouth, smallmouth, | and spotted bass), bluegill, crappie,
bullheads, | pickerels, yellow perch, catfish (all species), and | mussels of a weight,
dressed or not dressed, of one pound | or more, $4 for each pound or fraction
of a pound of | aquatic life. For each individual aquatic life with
a | dressed or
not dressed weight of less than one pound, $4. | For aquatic life parts processed past the dressed state, | $8 per pound.
| (3) (Blank).
| (4) (Blank).
| (5) For goldeye, mooneye, carp, carpsuckers (all | species), suckers (all
species), redhorse (all species), | buffalo (all species), freshwater drum,
skipjack, shad | (all species), alewife, smelt, gar, bowfin, chinook
salmon | caught from August 1 through December 31, and all other | aquatic life
protected by this Code , not listed in | paragraphs (1), (2), or (5) of
subsection (c) of this | Section, $1 per pound, in part or in whole.
| (6) For each species listed on the federal or State | endangered and threatened species list, and for lake and |
| pallid sturgeon, $150 per animal in whole or in part.
| (Source: P.A. 98-752, eff. 1-1-15 .)
|
Effective Date: 1/1/2022
|
|
|