2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 215/ Aquaculture Development Act.
(20 ILCS 215/1) (from Ch. 5, par. 2301)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the
"Aquaculture Development Act".
(Source: P.A. 85‑856.)
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(20 ILCS 215/2) (from Ch. 5, par. 2302)
Sec. 2.
Findings.
The legislature finds and declares that it is in the
interest of the people of this State that the practice of aquaculture be
encouraged in order to augment food supplies, promote agriculture
diversification, expand employment opportunities, promote economic
activity, increase native fish stocks, enhance commercial and recreational
fishing and protect and better use the land and water resources of the State.
The legislature finds that aquaculture shall be considered an
agricultural pursuit as provided in the Internal Revenue Code, as amended,
and for purposes
of any laws that apply to or provide for the advancement, benefit or
protection of the agriculture industry of the State.
(Source: P.A. 85‑856.)
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(20 ILCS 215/3) (from Ch. 5, par. 2303)
Sec. 3.
Purpose.
The purpose of this Act is to establish a policy and program
toward improving the science and husbandry of aquaculture as a means to
expand the aquaculture industry and related economic activity in this State.
(Source: P.A. 85‑856.)
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(20 ILCS 215/4) (from Ch. 5, par. 2304)
Sec. 4.
Definitions.
For the purposes of this Act:
(a) "Aquaculture" means the controlled propagation, growth and harvest
of aquatic organisms, including but not limited to fish, shellfish,
mollusks, crustaceans, algae and other aquatic plants, by an aquaculturist.
(b) "Aquaculturists" means individuals involved in producing,
transporting or marketing aquatic products from privately owned
waters for commercial purposes.
(c) "Privately owned waters" means waters confined within an artificial
containment, such as man‑made ponds, vats, tanks, raceways and any other
indoor or outdoor facility constructed wholly within or on the enclosed
land of an owner or lessor.
(d) "Director" means the Director of Agriculture.
(e) "Department" means the Department of Agriculture.
(f) "Aquatic products" means any aquatic plants and animals or their
by‑products that are produced, grown, managed, harvested and marketed on an
annual, semi‑annual, biennial or short term basis, in permitted aquaculture
facilities.
(g) "Permitted aquaculture facility" means a facility used by
aquaculturists to breed, hatch, propagate or raise aquatic life permitted
by the Department of Natural Resources pursuant to Section
20‑90 of the Fish and Aquatic Life Code.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(20 ILCS 215/5) (from Ch. 5, par. 2305)
Sec. 5.
Program Development.
The Department shall be the principal
State agency for developing a program for assisting the State's aquaculture
industry. The Department may consult with the Aquaculture Industry
Advisory Committee in developing a program by which the Department shall:
(a) serve as a clearinghouse for information on |
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aquaculture and provide assistance, information and data relating to the production and use of aquatic foods;
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(b) develop informational packets and brochures on
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permit and license requirements and regulations governing the aquaculture industry;
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(c) coordinate with other State agencies in order to
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promote the maximum flow of information and avoid unnecessary overlapping of regulations;
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(d) assist marketing and promotion of aquatic
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The transportation, possession or sale of aquatic products shall
require that they be placed in labeled containers or accompanied by bills
of lading or sale or similar documents identifying the name and address of
the producer and quantity of the products.
The Director shall consult with the Director of Natural Resources to ensure
that rules do not impair the enforcement
provisions of the Fish and Aquatic Life Code protecting
aquatic life in the native environment. Importation of non‑indigenous
species of aquatic life into the State for aquaculture must comply with
rules and regulations of the Department of Natural Resources.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(20 ILCS 215/5.5)
(Section scheduled to be repealed on June 30, 2009)
Sec. 5.5. Aquaculture Cooperative.
(a) The Department of Agriculture shall make grants to an Aquaculture
Cooperative from the Illinois Aquaculture Development Fund, a special fund
created in the State Treasury. On July 1, 1999 and on each July 1 thereafter
through July 1, 2004, the Comptroller shall order transferred and the Treasurer
shall transfer $1,000,000 from the General Revenue Fund into the Illinois
Aquaculture Development Fund. The Aquaculture Cooperative shall consist of any
individual or entity of the aquaculture industry in this State that seeks
membership pursuant to the Agricultural Co‑Operative Act. The grants for the
Cooperative shall be distributed from the Illinois Aquaculture Development Fund
as provided by rule. At the beginning of each fiscal period, the Cooperative
shall prepare a budget plan for the next fiscal period, including the probable
cost of all programs, projects, and contracts. The Cooperative shall submit
the proposed budget to the Director for review and comment. The Director may
recommend programs and activities considered appropriate for the Cooperative.
The Cooperative shall keep minutes, books, and records that clearly reflect all
of the acts and transactions of the Cooperative and shall make this information
public. The financial books and records of the Cooperative shall be audited by
a certified public accountant at least once each fiscal year and at other times
as designated by the Director. The expense of the audit shall be the
responsibility of the Cooperative. Copies of the audit shall be provided to
all members of the Cooperative, to the Department, and to other requesting
members of the aquaculture industry.
(b) The grants to an Aquaculture Cooperative and the proceeds generated by
the Cooperative may be used for the following purposes:
(1) To buy aquatic organisms from members of the
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(2) To buy aquatic organism food in bulk quantities
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for resale to the members of the Cooperative.
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(3) For transportation, hauling, and delivery
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(4) For employee salaries, building leases, and
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other administrative costs.
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(5) To purchase equipment for use by the Cooperative
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(6) Any other related costs.
(c) The Illinois Aquaculture Development Fund is abolished on July 1, 2005. Any balance remaining in the Fund on that date shall be transferred to the General Revenue Fund.
(d) This Section is repealed on
June 30, 2009.
(Source: P.A. 93‑839, eff. 7‑30‑04; 94‑91, eff. 7‑1‑05.)
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(20 ILCS 215/6) (from Ch. 5, par. 2306)
Sec. 6.
Advisory Committee.
The Director may appoint an
Aquaculture Industry Advisory Committee consisting of at least 12 members
representing all sectors of the aquaculture industry. The committee shall
assist the Director in developing and implementing a State aquaculture
plan and rules necessary for the implementation of this Act, identifying
the opportunities for regulatory relief, assisting the
establishment of research and development priorities, assisting the
development of criteria to assure that publicly financed pilot programs are
compatible with industry needs and identifying other opportunities for
industrial development.
The term of membership shall be 3 years. Members may be reappointed.
Members of the committee shall serve without compensation but may be
reimbursed for actual expenses incurred in the performance of their duties.
The committee shall meet at the call of the Director.
(Source: P.A. 85‑856.)
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