Current through Register Vol. 48, No. 38, September 20, 2024
a) Shovelnose
sturgeon may not be commercially harvested except in the Mississippi River
upstream of the Melvin Price Lock and Dam located in Alton (excluding the area
from Lock and Dam 19 to the State Highway 9 Bridge in Niota), the Ohio River or
the Wabash River. Shovelnose sturgeon may only be commercially harvested from
October 1 through May 31 from the Mississippi and Wabash River and from October
15 through May 15 from the Ohio River .
b) Paddlefish may not be commercially
harvested except in the Ohio River, the Illinois River below Route 89, and the
Mississippi River below Lock and Dam 19. Paddlefish may only be commercially
harvested from October 1 through May 31 from the Mississippi and Illinois
Rivers. Paddlefish may only be commercially harvested from November 1 through
April 30 from the Ohio River.
c)
Shovelnose sturgeon and shovelnose sturgeon X pallid sturgeon hybrids may not
be commercially harvested from the Mississippi River downstream of Lock and Dam
26. Pallid sturgeon are federally and State listed endangered fish species that
cannot be taken and must be immediately released unharmed back to the
water.
d) All commercial roe
harvesters engaged in harvesting of roe-bearing species, including shovelnose
sturgeon, paddlefish and bowfin, shall:
1)
leave the roe of harvested shovelnose sturgeon, paddlefish and bowfin whole,
intact and inside the body cavity of the fish while on the water or adjacent
bank. However, the intact ovaries of paddlefish harvested from the Mississippi
or Illinois Rivers may be removed while on the water with the carcasses of the
fish the ovary is harvested from being retained for identification
purposes;
2) after complete
retrieval of fishing tackle, commercial fishermen shall immediately remove all
aquatic species that are not in compliance with size limits or are illegal
species to take or possess and immediately return them without unnecessary
injury to the waters from which taken, unless it is unsafe to remove fish where
the net was pulled. In such case, fishermen shall immediately move to a shore
area no more than 1/4 mile from the location where the net was set, and then
remove fish not legal for commercial fishermen to take. "Complete retrieval"
means as soon as an individual piece of fishing tackle has been retrieved in
whole to the fisherman's boat;
3)
not kill roe-bearing species to check for eggs. Commercial roe harvesters may
use a 10 or 12 gauge needle to examine roe-bearing species for the presence of
eggs; and
4) not set any tackle
prior to 10:00 a.m. on October 1 on the Mississippi and Wabash Rivers. Any
commercial gear that is being operated under a commercial roe harvest permit
prior to 10:00 a.m. on the Mississippi or Wabash River shall be considered an
illegal device.
e)
Commercial Roe Permit
1) Commercial Roe
Harvest Permits shall be valid only on the water specified on the permit: the
Mississippi River, the Illinois River, the Ohio River or the Wabash River. The
Mississippi River will be further divided into two zones, from Lock and Dam 26
upstream to the Wisconsin border (Northern Zone) and from Lock and Dam 26
downstream to the mouth of the Ohio River (Southern Zone).
2) Commercial fishermen will be allowed to
procure permits for additional water bodies at the same commercial roe harvest
permit rate as the first permit, based on availability.
3) Commercial Roe Harvest Permit holders
shall provide an up-to-date listing of all helpers to IDNR on a form provided
by IDNR (at the beginning of the commercial season prior to initiation of
fishing activities and immediately during the commercial fishing season for any
helper changes prior to initiation of fishing activities). An up-to-date helper
list must be on file with IDNR prior to the initiation of fishing activities. A
helper is defined as anyone aboard the boat of a commercial roe
harvester.
4) IDNR shall have the
authority to restrict the number of permits issued for each body of water in
order to establish a limited entry fishery to maintain a sustainable fishery
for all caviar-bearing species based on the following criteria:
A) The best biological information available
pertaining to maintaining a sustainable level of harvest for target fish
species based on the size, structure and abundance of each population of
roe-bearing species.
B) A
determination of the potential impact of commercial fishing activities on other
water-based recreational activities.
C) Harvest Pressure. No more than the
following number of permits, unless specifically authorized by IDNR by water
area and type, may be issued in each commercial fishing season: 50 permits for
the Mississippi North/Mississippi South Zones allowing commercial harvest of
paddlefish, bowfin and shovelnose sturgeon (shovelnose sturgeon only in the
Mississippi North Zone); 10 permits for the Ohio River/Mississippi South Zone
allowing commercial harvest of paddlefish, bowfin and shovelnose sturgeon
(shovelnose sturgeon only in the Ohio River); 35 permits for the Wabash River
allowing commercial harvest of shovelnose sturgeon and bowfin; and 15 permits
for the Illinois River allowing commercial harvest of paddlefish and
bowfin.
D) Commercial roe harvest
permits are not transferable.
5) Application for permit (under a limited
entry fishery)
A) Legally licensed Illinois
resident commercial fishermen and non-resident commercial fishermen from states
who share reciprocal waters (with commercial fishing reciprocal agreements,
including the states of Iowa, Indiana, Missouri and Kentucky) who held a
commercial roe harvest permit in the previous year and provided a complete
monthly report to the Department of their catch each month are eligible to
obtain a commercial roe harvest permit in the first computerized random
drawing. In addition to the previously stated qualifications, to be eligible
for this drawing, fishermen must provide the following information to the
Department: name, current address, date of birth, choice of water body
(Mississippi River North/Mississippi River South, Wabash River, Illinois River,
or Ohio River/Mississippi River South). Applications shall be submitted to the
Department from June 1 through 15 and the computerized random drawing will be
held on July 1.
B) Legally licensed
Illinois resident commercial fishermen and non-resident commercial fishermen
who did not obtain a permit in the July computerized random drawing or who
desire to obtain a permit for additional water bodies are eligible to obtain a
commercial roe harvest permit in the second computerized random drawing. In
addition to the previously stated qualifications, to be eligible for this
drawing, fishermen must provide the following information to the Department:
name, current address, date of birth, choice of water body (Mississippi River
North/Mississippi River South, Wabash River, Illinois River or Ohio
River/Mississippi River South). Applications shall be submitted to the
Department from August 1 through 15. If there are more applications than
available permits, a computerized random drawing will be held on August 31 and
successful applicants will be issued a permit.
C) Any remaining permits will be allocated on
a first-come, first-served basis.
6) Penalties for Violations
Any commercial fisherman who is found guilty (including
supervision or conditional discharge) of violating any of the regulations in
this Section or committing any commercial fishing violation pursuant to the
Fish and Aquatic Life Code involving the taking or attempted taking of any
roe-bearing species shall have his or her commercial roe harvest license
revoked and his or her privileges suspended for a period of 36 months from the
date indicated in the Department's Notice of Suspension. The procedure by which
suspensions and revocations are made, the determination of the dates of the
suspensions, the rights of the licensee to notice and hearing, and the
procedures governing those hearings are set forth in 17 Ill. Adm. Code
2530.
