Current through Register Vol. 48, No. 12, March 22, 2024
a) Emergency procedures will be utilized to
protect the sport fisheries resources of the State and the general health,
safety and welfare of the general public under the following criteria:
1) Conditions
A) When data analysis based upon biological
surveys demonstrates that one or more fish species in a fishery is likely to
suffer severe deleterious effects due to angling pressure without the
procedure; or
B) When the
Department identifies a water of the State where a fish kill (manmade, natural,
or unknown origin) occurs and determines that fishing or the removal of a dead
and decaying aquatic life resulting from these conditions poses a threat to
public health or safety.
2) The information upon which the procedure
is based was not available prior to the time frame required for normal
rulemaking procedures.
3) The
emergency procedure must have the approval of the Chief, Division of
Fisheries.
b) Emergency
procedures will be posted on the Department's website:
www.dnr.illinois.go and at all lake
road entrances, boat launching ramps or other heavily used bank fishing areas.
A news release explaining the emergency procedures will be given to relevant
State agencies, local emergency management agencies and local news media
(television, newspaper, radio) prior to the effective date. These procedures
will remain in effect until the Director of the Department of Natural Resources
determines that the relevant conditions listed in Section
810.80(a)(1)(A)
and (B) are mitigated. Rescission of the
emergency procedures shall be posted on the Department's website and announced
to local news media. Emergency procedures that will remain in effect longer
than 7 days will result in the Department filing an emergency rule.