(515 ILCS 5/5‑5) (from Ch. 56, par. 5‑5)
Sec. 5‑5.
Ownership and title; violations; penalties.
The ownership of
and title to all aquatic life within the boundaries of the State, are
hereby declared to be in the State, and no aquatic life shall be taken or
killed, in any manner or at any time, unless the person or persons so
taking or killing the aquatic life shall consent that the title to the
aquatic life shall be and remain in the State for the purpose of regulating
the taking, killing, possession, use, sale, and transportation of aquatic
life after taking or killing, as set forth in this Code.
Aquatic products, as defined in the Aquaculture Development Act, bred,
hatched, propagated, or raised by the owner of a body of water, with the
consent of the Department of Natural Resources through the
issuance of an
aquaculture permit and consistent with this Section, in permitted
aquaculture facilities in or on that body of water are the property of the
person who bred, hatched, propagated, or raised them or that person's
successor in interest. Ownership of aquatic products reverts to the State
upon revocation or expiration of an aquaculture permit as prescribed by
administrative rule.
If any person causes any waste, sewage, thermal effluent, or any other
pollutant to enter into, or causes or allows pollution of, any waters of
this State so as to kill aquatic life, the Department, through the Attorney
General, may bring an action against that person and recover the value of
and the related costs in determining the value of the aquatic life
destroyed by the waste, sewage, thermal effluent, or pollution. Any money
so recovered shall be placed into the Wildlife and Fish Fund in the State
Treasury.
If any person shall abandon, deposit, or otherwise place any wire,
can, bottle, glass, paper, trash, rubbish, cardboard, wood cartons,
boxes, trees, parts of trees, brush, or other insoluble material,
including animal or vegetable material, into the waters or upon the ice
of any waters of this State, or in any place on the bank of waters of
this State where it shall be liable to be washed into the waters either
by storms, floods, or other causes, the person shall be in violation of the
offense of polluting. Employees of the Department, however, may place or
direct the placement, in the waters of the State, of insoluble materials
deemed suitable for the purposes of enhancing aquatic habitat. Any person
who shall be found guilty under this Section shall be guilty of a petty
offense, and the Court shall further order that the guilty person shall
employ every practical means of removing the debris within a time specified
by the Court. Failure to comply with an order under this Section shall
constitute a Class B misdemeanor.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(515 ILCS 5/5‑25) (from Ch. 56, par. 5‑25)
Sec. 5‑25.
Protected aquatic life.
(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, in part or in whole of any of the species
protected by this Code, contrary to the provisions of the Code, and that
aquatic life, in whole or in part, is valued in excess of a total of $300,
as per value specified in subsection (c) of this Section, commits a Class 3
felony.
(b) Possession of aquatic life, in whole or in part, captured or killed
in violation of this Code, valued in excess of $600, as per 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 value of all aquatic life and their
hybrids protected by
this Code, whether dressed or not dressed, is as follows:
(1) For each muskellunge, northern pike, walleye, |
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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), and 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.
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(2) For each warmouth, rock bass, white bass, yellow
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bass, sunfish (all species except largemouth, smallmouth, and spotted bass), bluegill, crappie, bullheads, pickerels, yellow perch, and catfish (all species) of a weight, dressed or not dressed, of one pound or more, $4 for each pound or fraction of a pound of fish. 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.
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(3) For processed turtle parts, $6 for each pound or
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fraction of a pound. For each non‑processed turtle, $8 per turtle.
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(4) For frogs, toads, salamanders, lizards, and
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snakes, $2 per animal in whole or in part.
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(5) For goldeye, mooneye, carp, carpsuckers (all
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species), suckers (all species), redhorse (all species), buffalo (all species), freshwater drum, skipjack, shad (all species), alewife, smelt, gar, bowfin, mussels, chinook salmon caught from August 1 through December 31, and all other aquatic life protected by this Code, not listed in paragraphs (1), (2), (3), or (4) of subsection (b) of this Section, $1 per pound, in part or in whole.
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(Source: P.A. 89‑66, eff. 1‑1‑96.)
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