Illinois Administrative Code
Title 17 - CONSERVATION
Part 875 - VIRAL HEMORRHAGIC SEPTICEMIA (VHS)
Section 875.50 - Unlawful Acts/Penalties
Universal Citation: 17 IL Admin Code ยง 875.50
Current through Register Vol. 48, No. 38, September 20, 2024
a) It shall be unlawful to:
1) import
VHS-susceptible species into the State of Illinois without a VHS-Susceptible
Species Permit issued by the Department;
2) stock VHS-susceptible species into waters
of the State without securing permission from Department fish health
authorities, or unless an FHIR is on file with the Department;
3) remove live VHS-susceptible species from
the waters where legally taken without first securing permission from
Department fish health authorities, unless an FHIR is on file with the
Department, or as provided in Section
875.30(d)(2), (6) and
(7);
4) remove natural water from waters of the
State via bait bucket, livewell, baitwell, bilge, etc., or any other method
without first securing permission from Department fish health authorities,
unless an FHIR is on file with the Department, or as provided in Section
875.30(d)(2), (6) and
(7);
5) remove any watercraft, boat, boat trailer
or other equipment from waters of the State without emptying and draining any
bait bucket, livewell, baitwell, bilge, etc., or any other compartment capable
of holding natural waters; and
6)
use wild-trapped fishes as bait within the State of Illinois, other than in the
waters where they were legally taken.
b) The Department may make exceptions to the unlawful acts listed in subsection (a) in writing for special circumstances (e.g., fishing special waters via contract, import or stocking facilities in process of gaining OIE facility-level certification, etc.) based upon the potential risk to the fishery resource of the State.
c) Violation Classifications
1) Violation of subsection (a)(1) is a Class
A misdemeanor if the value of the aquatic life is $300 or less (see 515 ILCS
5/10-105 and 20 -35), and a Class 3 felony if the value of the aquatic life is
in excess of a total of $300 with intent to profit or for commercial purposes.
Possession of aquatic life valued in excess of $600 shall be considered prima
facie evidence of possession for profit or commercial purposes. (See
515 ILCS
5/5-25.)
2) Violation of subsection (a)(2) is a Class
A misdemeanor (see
515 ILCS
5/10-100(b)) and violation of
subsection (a)(3), (4), (5) or (6) is a Petty Offense (see 515 ILCS 5/1-150 and
20 -35).
d) Revocation/Suspension
1) Any violations of the
Fish and Aquatic Life Code or administrative rules of the Department may result
in revocation of licenses and permits, as well as suspension of privileges for
up to five years.
2) Violation of
any conditions of a permit issued under this Part shall result in cancellation
of the permit.
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