515 ILCS 5/20-35
2021 Illinois Compiled Statutes|Chapter 515 - FISH|515 ILCS 5/ - Fish and Aquatic Life Code.|Article 20 - Licenses And Permits - Exemptions

 (from Ch. 56, par. 20-35)Sec. 20-35. Offenses.(a) Except as prescribed in Section 5-25 and unless otherwise provided in  this Code, any person who is found guilty of violating any of the provisions  of this Code, including administrative rules, is guilty of a petty offense.Any person who violates any of the provisions of Section 15-45 or 15-60, including administrative rules related to those Sections, is guilty of a Class C misdemeanor.Any person who violates any of the provisions of Section 5-20, 10-5,  10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, 10-60, 10-70, 10-75, 10-95,  10-115, 10-135, 15-5, 15-10, 15-15, 15-20, 15-30, 15-32, 15-40, 15-46(b), 15-55,  15-60, 15-65, 15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110,  15-115, 15-120, 15-130, 20-70, 20-75, 20-80, 20-85 (except subsections (b), (c), (d), (e), (f), and (g)), 20-125(c), 25-5, 25-10, 25-15, or  25-20 of this Code, including administrative rules relating to those Sections,  is guilty of a Class B misdemeanor.Any person who violates any of the provisions of Section 1-200, 1-205,  10-55, 10-80, 10-100(b), 15-35, 15-46(a), 15-135, 20-91, 20-92, 20-120, or 20-125(d) of this Code, including administrative rules  relating to those Sections, is guilty of a Class A misdemeanor.Any person who violates any of the provisions of this Code, including  administrative rules, during the 5 years following the revocation of his or  her license, permit, or privileges under Section 20-105 is guilty of a Class  A misdemeanor.Any person who violates Section 5-25 of this Code, including administrative  rules, is guilty of a Class 3 felony except as otherwise provided in subsection (a) of Section 5-25.(b)(1) It is unlawful for any person to take or attempt to take aquatic  life from any aquatic life farm except with the consent of the owner of the  aquatic life farm.  Any person possessing fishing tackle on the premises of an  aquatic life farm is presumed to be fishing.  The presumption may be rebutted  by clear and convincing evidence.  All fishing tackle, apparatus, and vehicles  used in the violation of this subsection (b) shall be confiscated by the  arresting officer.  Except as otherwise provided in this subsection, the  seizure and confiscation procedures set forth in Section 1-215 of this Code  shall apply.  If the confiscated property is determined by the circuit court  to have been used in the violation of this subsection (b), the confiscated  property shall be sold at public auction by the county sheriff of the county  where the violation occurred.  The proceeds of the sale shall be deposited in  the county general fund; provided that the auction may be stayed by an  appropriate court order.(2) A violation of paragraph (1) of this subsection (b) is a Class A  misdemeanor for a first offense and a Class 4 felony for a second or subsequent  offense.(c)(1) It is unlawful for any person to trespass or fish on an aquatic life  farm located on a strip mine lake or other body of water used for aquatic life  farming operations, or within a 200 foot buffer zone surrounding cages or  netpens that are clearly delineated by buoys of a posted aquatic life farm, by  swimming, scuba diving, or snorkeling in, around, or under the aquatic life  farm or by operating a watercraft over, around, or in the aquatic life farm  without the consent of the owner of the aquatic life farm.(2) A violation of paragraph (1) of this subsection (c) is a Class B  misdemeanor for a first offense and a Class A misdemeanor for a second or  subsequent offense.  All fishing tackle, apparatus, and watercraft used in a  second or subsequent violation of this subsection (c) shall be confiscated by  the arresting officer.  Except as otherwise provided in this subsection, the  seizure and confiscation procedures set forth in Section 1-215 of this Code  shall apply.  If the confiscated property is determined by the circuit court  to have been used in a violation of this subsection (c), the confiscated  property shall be sold at public auction by the county sheriff of the county  where the violation occurred.  The proceeds of the sale shall be deposited  in the county general fund; provided that the auction may be stayed by an  appropriate court order.(d) Offenses committed by minors under the direct control or with the  consent of a parent or guardian may subject the parent or guardian to the  penalties prescribed in this Section or as otherwise provided in this Code.(e) In addition to any fines imposed under this Section, or as otherwise  provided in this Code, any person found guilty of unlawfully taking or  possessing any aquatic life protected by this Code shall be assessed a  civil penalty for that aquatic life in accordance with the values  prescribed in Section 5-25 of this Code.  This civil penalty shall be  imposed at the time of the conviction by the Circuit Court for the county  where the offense was committed.  Except as otherwise provided for in  subsections (b) and (c) of this Section, all penalties provided for in this  Section shall be remitted to the Department in accordance with the provisions  of Section 1-180 of this Code.    (Source: P.A. 94-222, eff. 7-14-05; 94-592, eff. 1-1-06; 95-147, eff. 8-14-07; 95-331, eff. 8-21-07.)