515 ILCS 5/1-215
2021 Illinois Compiled Statutes|Chapter 515 - FISH|515 ILCS 5/ - Fish and Aquatic Life Code.|Article 1 - General Provisions

 (from Ch. 56, par. 1-215)Sec. 1-215. Illegal fishing devices; public nuisance. Every fishing  device, including seines, nets, or traps, or any electrical device or any  other devices, including vehicles, watercraft, or aircraft, used or  operated illegally or attempted to be used or operated illegally by any  person in taking, transporting, holding, or conveying any aquatic life  contrary to this Code, including administrative rules, shall be deemed a  public nuisance and therefore illegal and subject to seizure and  confiscation by any authorized employee of the Department.  Upon the  seizure of such an item the Department shall take and hold the item until  disposed of as provided in this Code.Upon the seizure of any device because of its illegal use, the officer  or authorized employee of the Department making the seizure shall, as soon  as reasonably possible, cause a complaint to be filed before the Circuit  Court and a summons to be issued requiring the owner or person in  possession of the property to appear in court and show cause why the  device seized should not be forfeited to the State.   Upon the return of  the summons duly served or upon posting or publication of notice as provided  in this Code, the court shall proceed to determine the question of the  illegality of the use of the seized property. Upon judgment being entered  to the effect that the property was illegally used, an order shall be  entered providing for the forfeiture of the seized property to the State.  The owner of the property, however, may have a jury determine the  illegality of its use, and shall have the right of an appeal as in other  civil cases. Confiscation or forfeiture shall not preclude or mitigate  against prosecution and assessment of penalties provided in Section 20-35  of this Code.Upon seizure of any property under circumstances supporting a  reasonable belief that the property was abandoned, lost, stolen, or  otherwise illegally possessed or used contrary to this  Code, except property seized during a search or arrest, and ultimately  returned, destroyed, or otherwise disposed of under order of a court  in accordance with this Code, the authorized employee of the Department  shall make reasonable inquiry and efforts to identify and notify the owner  or other person entitled to possession of the property and shall return the  property after the person provides reasonable and satisfactory proof of  his or her ownership or right to possession and reimburses the Department  for all reasonable expenses of custody.  If the identity or location of the  owner or other person entitled to possession of the property has not  been  ascertained within 6 months after the Department obtains possession, the  Department shall effectuate the sale of the property for cash to the  highest bidder at a public auction.  The owner or other person entitled to  possession of the property may claim and recover possession of the  property at any time before its sale at public auction upon providing  reasonable and satisfactory proof of ownership or right of possession and  reimbursing the Department for all reasonable expenses of custody.Any property forfeited to the State by court order under this Section  may be disposed of by public auction, except that any property that is  the subject of a court order shall not be disposed of pending appeal  of the order. The proceeds of the sales at auction shall be deposited in  the Wildlife and Fish Fund.The Department shall pay all costs of posting or publication of  notices required by this Section.Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.   (Source: P.A. 100-512, eff. 7-1-18.)