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Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Aquatic life - all fish, reptiles, amphibians, mollusks,
				crustaceans, algae, aquatic plants and aquatic invertebrates, and any other
				aquatic animals or plants that the Department identifies in administrative
				rules.
Catch and Release Fishing - no harvest of target fish species
				permitted. Caught fish must be returned to the water immediately
				unharmed.
Fishing - taking or attempting to take aquatic life in any
				waters of the State, by any method, and all other acts such as placing,
				setting, drawing or using any device commonly used for the taking of aquatic
				life, whether resulting in taking or not. This also applies to the removal of
				dead and decaying aquatic life.
Harvest - any aquatic life taken into possession from any
				waters of the State by any method.
In the aggregate - combination of two or more species or
				hybrids that in total do not exceed the daily harvest limit.
Protected Slot Length Limit - No harvest of fish within the
				specified length range. Fish must be immediately released.
Relic Mussel Shell - the shell of a mussel that apparently died
				of natural causes in the water and contains no meat or soft parts. The shell
				readily exhibits noticeable sediment, vegetation, algal or mineral stains,
				discolorations, soiling, weathering or other visual evidence on its interior
				surface that clearly and unambiguously shows the mussel shell has not been
				cooked-out or freshly cleaned.
Snagging - the practice of dragging or jerking a hook (or
				hooks), baited or unbaited, through the water with the intention of hooking a
				fish on contact anywhere on the body other than the inside of the mouth.
Take - to lure, kill, destroy, capture, gig or spear, trap or
				ensnare, or attempt to do so.
Water of the State - any water within the jurisdiction of the
				State of Illinois that is adapted for purposes of navigation or public
				access.
> - symbol means "greater than".
[GREATER THAN OR EQUAL TO] - symbol means "greater than or
				equal to".
< - symbol means "less than".
[LESS THAN OR EQUAL TO] - symbol means "less than or equal
				to".
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.10 - Sale of Fish and Fishing Seasons - Statewide

Current through Register Vol. 48, No. 28, July 12, 2024
a) No fish or parts thereof (including eggs)
			 taken by sport fishing methods (including snagging) may be bought, sold or
			 bartered.
b) Lake Michigan - The
			 sport fishing season for rainbow smelt shall be from March 1 to April
			 30.
c) It is unlawful to fish
			 within 250 yards of an occupied duck or goose blind on Department-owned or
			 -managed sites during the migratory waterfowl season.
d) Lake Michigan, Calumet River, and the
			 Chicago River including its North Branch, South Branch, and the North Shore
			 Channel - the sport fishing harvest for yellow perch shall not be permitted
			 from May 1 through June 15 annually.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.14 - Wanton Waste - Fish, Reptiles, Amphibians, Mollusks and Crustaceans Abandonment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except
			 as provided in this Section, it is unlawful for any person at any time to take
			 or possess any fish, reptiles, amphibians, mollusks and crustaceans authorized
			 by this Part in Illinois waters by sportfishing methods and then intentionally
			 leave or abandon such fish, reptiles, amphibians, mollusks and crustaceans or
			 portions thereof resulting in wanton or needless waste.
b) "Wanton or needless waste" means to place,
			 leave, dump or abandon any fish, reptiles, amphibians, mollusks and crustaceans
			 or fish, reptile, amphibian, mollusk or crustacean parts protected by this Part
			 along or upon any public right-of-way or highway, waterway or stream, or on any
			 public or private property without the permission of the owner or tenant. No
			 disposal of fish, reptiles, amphibians, mollusks and crustaceans or fish,
			 reptile, amphibian, mollusk or crustacean portions shall be allowed on State
			 owned or leased properties except at designated fish cleaning stations, where
			 available.
c) This Section shall
			 not apply to fish, reptiles, amphibians, mollusks and crustaceans or fish,
			 reptile, amphibian, mollusk or crustacean parts used for the purposes of bait
			 or other lawful purposes or to injurious species of fish that accidentally jump
			 into a watercraft and are immediately returned to the water.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.20 - Snagging

Current through Register Vol. 48, No. 28, July 12, 2024
a) Sport fishermen
			 are permitted only one pole and line device to which can be attached no more
			 than two hooks. On the Mississippi River between Illinois and Iowa, the maximum
			 treble hook size is 5/0; gaffs may not be used to land paddlefish.
b) Species of Fish and Snagging Catch Limit
1) Only the following species of fish and
			 harvest limit may be taken by snagging:
Asian Carp (no live possession) - no harvest limit
Carp - no harvest limit
Buffalo - no harvest limit
Freshwater Drum - no harvest limit
Salmon (coho and chinook only) - 5 fish in the aggregate daily
				harvest limit
Paddlefish - 2 per day; the maximum length limit for paddlefish
				taken from the Mississippi River between Illinois and Iowa is 33" eye-fork
				length (EFL) (all paddlefish greater than or equal to 33" EFL must be
				immediately released back to the Mississippi River); the minimum length limit
				for paddlefish taken from the Mississippi River between Illinois and Missouri
				is 24-inch EFL (all paddlefish less than or equal to 24-inch EFL must be
				immediately released back to the Mississippi River)
Bowfin - no harvest limit
Gizzard shad - no harvest limit
Carpsuckers - no harvest limit
Longnose gar - no harvest limit
Shortnose gar - no harvest limit
Suckers - no harvest limit
2) No sorting (i.e., catching more fish than
			 is allowed and putting back some in order to keep larger ones) of snagged
			 salmon and paddlefish is permitted, except for paddlefish taken from the
			 Mississippi River between Illinois and Missouri where sorting is permitted.
			 Every paddlefish snagged must be included in the daily harvest limit. Every
			 salmon 10 inches in total length or longer snagged must be taken into immediate
			 possession and included in the daily harvest limit. Once the daily limit of
			 salmon or paddlefish has been reached, snagging must cease.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.25 - Trotlines

Current through Register Vol. 48, No. 28, July 12, 2024
a) Sportfishermen
			 must check trotlines and other legal hook and line devices at least once every
			 24 hours.
b) Any sport fishing
			 device, including trot line device, bank pole, and throw line or buoyed ganging
			 devices,
left unattended must be tagged with the name and mailing
			 address of the operator. All required tags shall be in a position to be at all
			 times exposed to public view
. [515 ILCS
			 5/10-95 ]
c) Trotlines and other sportfishing devices
			 and all parts thereof must not be abandoned and shall be completely removed
			 when they are not in compliance with subsections (a) and (b). Abandoned, for
			 purposes of this Section, includes but is not limited to, hooks in the water
			 with no bait attached, rotted bait, silted-in devices, dead or severely
			 stressed aquatic life caught on the hooks, as well as the failure to check and
			 remove aquatic life every 24 hours.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.28 - Mussels

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons
			 possessing a sport fishing license may possess up to 50 relic mussel shells for
			 personal collection.
b) Collected
			 live mussels may not be transported between water bodies.
c) Mussels collected under a sport fishing
			 license may only be taken for personal use and may not be sold or
			 bartered.
d) Species allowed for
			 harvest or collection can be found on the Aquatic Life Approved Species List as
			 designated in 17 Ill. Adm. Code
			 870.10.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.50 - Bait Fishing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Statewide
			 Regulations
1) Aquatic life species found on
			 the Aquatic Life Approved Species list are allowed for use as live bait if
			 purchased from a licensed Illinois Aquatic Life Dealer or Minnow Dealer or so
			 long as the aquatic life species taken are used as bait in the waters where
			 taken. Species not found on the Aquatic Life Approved Species list may be used
			 as DEAD bait on the waters where taken.
2) Legal sized cast nets, shad scoops, and
			 minnow seines may be used to obtain shad, minnows and crayfish to use as bait,
			 provided that they are not sold or bartered. All cast nets shall be not larger
			 than 24 feet in diameter or of a mesh size not larger than 1 inch bar
			 measurement. All shad scoops shall be not larger than 30 inches in diameter or
			 of a mesh size not larger than 1/2 inch bar measurement or longer than 4 feet
			 in length. Minnow seines shall not be longer than 20 feet, deeper than 6 feet
			 or contain mesh size larger than 1/2 inch bar measurement.
3) Minnows and crayfish may be collected with
			 traps of metal screen or hardware cloth, plastic, or nylon mesh or netting.
			 Such traps may not be more than 24 inches in width or diameter or more than 36
			 inches in length nor use a mesh of more than 1/2 inch bar measurement. Each
			 entrance aperture may not exceed
			 1.5 inches in diameter. If
			 unattended, such devices must be tagged with the name, mailing address and
			 phone number of the person operating the device. Minnows and crayfish collected
			 in such devices may only be taken for personal use and may not be sold or
			 bartered.
4) Aquatic life protected
			 under 17 Ill. Adm. Code 1010 - Illinois List of Endangered and Threatened Fauna
			 may not be taken for any purpose including bait fishing.
5) Injurious Species: The use of live
			 injurious species (as described in 17 Ill. Adm. Code 805) as bait is
			 prohibited. Possession of live specimens, progeny thereof, viable eggs, or
			 gametes is prohibited.
6) Collected
			 live bait, including crayfish, shall not be transported between water bodies.
			 Bait shall not be transported from spillway tailwaters to the impounded
			 lake.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.70 - Free Fishing Days

Current through Register Vol. 48, No. 28, July 12, 2024
During the period of June 14, 15, 16 and 17, 2024, it shall be
				legal for any person to fish in waters wholly or in part within the
				jurisdiction of the State, including the Illinois portion of Lake Michigan,
				without possessing a sport fishing license, salmon stamp or inland trout
				stamp.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.80 - Emergency Protective Procedures

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.90 - Fishing Tournament Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A Fishing Tournament Permit from the Department is required for any fishing
			 tournament event, which includes Hook and Line Fishing Tournaments and
			 Bowfishing Tournaments, that is held in any of the waters listed in Section
			 810.45 or Section
			 810.15(d) and
			 in any public owned or Department-managed lake, river or stream in
			 Illinois.
b) The Fishing Tournament
			 Permit serves as the IDNR Site Activity Permit (17 Ill. Adm. Code
			 110.4).
c) Definitions
1) "Fishing Derby" - An organized event
			 conducted for children under the age of 16 who are attending primary school,
			 senior citizens (65 years old and older), sport fishermen with disabilities, or
			 other school-sanctioned groups when the principal purpose is education or
			 enjoyment, rather than competition among sport fishermen. Tournament Permits
			 are not required for a fishing derby.
2) "Fishing Tournament" - An organized event,
			 other than a fishing derby. An event will be considered a fishing tournament
			 when the following criteria are present:
A)
			 the event is sponsored or promoted by an individual or organization;
B) participants compete for trophies, cash,
			 prizes, citation or other recognition for participation in the event;
C) the event is conducted during a specified
			 time period; and
D) twenty or more
			 individuals participate in the event or an exemption to Site-Specific or
			 Statewide Regulations is requested.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 810 - SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS › Section 810.100 - Bed Protection

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is
			 unlawful to operate any motorized vehicle upon the bed of any public water
			 wholly or partially within the State of Illinois.
b) The following vehicles are exempted from
			 the above subsection:
1) vehicles operating
			 under a permit issued by the Illinois Department of Transportation which allows
			 operation in the bed of a public water;
2) farm vehicles while being used for farming
			 purposes; and
3) vehicles owned or
			 operated by United States, State of Illinois, or a political subdivision
			 thereof.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.10 - Waters Open to Commercial Harvest of Fish

Current through Register Vol. 48, No. 28, July 12, 2024
The following Illinois waters are open to commercial harvest of
				fish:
a) Mississippi River and
			 connected public (wholly accessible by boat) backwaters, including that portion
			 of the Kaskaskia River below the navigation lock and dam, except:
1) Quincy Bay, including Quincy Bay Waterfowl
			 Management Area (except by special permit);
2) Spring Lake in the Upper Mississippi River
			 Wildlife and Fish Refuge; and
3)
			 Mark Twain U.S. Fish and Wildlife Service National Wildlife Refuge Waters
			 (except by special permit).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.11 - Special Regulations for the Commercial Harvest of VHS-Susceptible Fish Species

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Commercial fishermen shall be allowed to harvest and transport live, to a
			 State-licensed wholesale aquatic life dealer, any permitted commercial species
			 identified in Section
			 830.60 and in 17 Ill.
			 Adm. Code
			 875.20.
b) Commercial fishermen who wish to transport
			 viral hemorrhagic septicemia (VHS)-susceptible fish species for live stocking
			 into water bodies that are entirely privately owned must first procure a
			 Special Circumstances Authorization (see 17 Ill. Adm. Code
			 875.50(b))
			 , pursuant to 17 Ill. Adm. Code 875, by writing to: Aquaculture Specialist,
			 Illinois Department of Natural Resources, Aquatic Nuisance Species and
			 Aquaculture Program, One Natural Resources Way, Springfield IL 62702-1271 meet
			 all of the following conditions:
1) Commercial
			 fishermen must have their Authorization in their possession at all times while
			 transporting VHS-susceptible species; and
2) All of the following information shall be
			 documented on the back of the Authorization:
A) date of catch;
B) date of transport;
C) location fish caught;
D) destination address; and
E) private landowner's signature.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.12 - Special Regulations for the Commercial Harvest of Bighead Carp, Silver Carp, Grass Carp and Black Carp

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Commercial fishermen shall be allowed to harvest from the wild, and transport
			 to a State-licensed wholesale aquatic life dealer, bighead carp, silver carp,
			 grass carp and black carp, providing all of the following criteria are met:
1) The fish are dead. Transportation of dead
			 fish is allowed if the fish meet the definition of "dead fish" in Section
			 830.5(p).
2) The fish are not transported under a
			 Restricted Species Transportation Permit (RSTP) (see 17 Ill. Adm. Code
			 870.60
			 ), in an aerated live tank or in any other manner intended to maintain the fish
			 alive unless first obtaining an RSTP. An RSTP can be obtained at the address in
			 Section
			 830.11(b).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.14 - License Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 commercial fishermen shall have a commercial fishing license. All individuals
			 assisting a licensed commercial fisherman shall have a commercial fishing
			 license unless these individuals are under the direct supervision of and aboard
			 the same watercraft as the licensed commercial fisherman.
b) All commercial fishermen shall obtain a
			 sport fishing license in addition to their commercial fishing license, unless
			 they are exempted from being required to obtain a sport fishing license. All
			 individuals assisting a licensed commercial fisherman shall first obtain a
			 sport fishing license, unless they are exempted from being required to obtain a
			 sport fishing license.
c) All
			 commercial fishermen shall procure a commercial roe harvest permit in addition
			 to their commercial fishing and sport fishing license before taking roe-bearing
			 species with commercial fishing devices from the waters of the State legally
			 open to commercial fishing.
d)
			 Commercial fishermen who wish to use their watercraft as a primary collection
			 device for the harvest of commercial fish shall first obtain a commercial
			 watercraft device tag.
e)
			 Reciprocity with Neighboring States - All Illinois-licensed commercial
			 fishermen shall conform to the regulations of the state in which they are
			 fishing, unless the Illinois regulations are more restrictive than the other
			 state. When the Illinois regulation is more restrictive, the fisherman must
			 conform to the Illinois regulation.
1) The
			 States of Illinois and Iowa will recognize and accept as valid the commercial
			 fishing license of either state when legally possessed and used on the
			 Mississippi River proper. This includes any backwater lakes and bayous
			 contiguous with the flow of waters in the main channel, subject to the
			 following conditions:
A) No device or
			 equipment is attached to the main bank of the Mississippi River under the
			 jurisdiction of the State of Iowa; and
B) No fishing is conducted in any Iowa
			 tributaries.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.15 - Waters Open to Commercial Harvest of Crayfish

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois River and adjacent backwaters from the Route 89
				highway bridge downstream are open to commercial harvest of crayfish, except
				for:
a) U.S. Fish and Wildlife
			 National Wildlife Refuge waters;
b)
			 Donnelly/Depue Fish and Wildlife Area;
c) Rice Lake Complex, including all of Big
			 Lake;
d) Meredosia Lake in Cass and
			 Morgan Counties during the central zone duck season; and
e) Clear Lake in Mason County 7 days prior to
			 and during the central zone duck season.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.20 - Waters Open to Commercial Harvest of Mussels and Seasons

Current through Register Vol. 48, No. 28, July 12, 2024
a) Mississippi River and backwaters, April 1
			 to August 31 inclusive, except for the following areas:
1) All of the area directly above Lock and
			 Dam 12 (RM 556.7 ) from the center of the navigation channel east to the
			 Illinois shoreline and northward to a line extending from RM 558.4 to the
			 Blanding's Landing boat ramp, including but not limited to all of the area
			 contained within the designated U.S. Military Reservation area.
2) All of the waters contained within Sylvan
			 Slough from the Interstate 74 highway bridge (RM 485.8 ) west to the lower tip
			 of Arsenal Island (RM 482.6 ).
3)
			 All of the area north of and perpendicular to the center line of the navigation
			 channel to the Illinois shoreline lying between RM 433.0 (New Boston Boat
			 Launching Ramp) to RM 433.8 (lower tip of the first upstream island along the
			 Illinois shoreline).
4) Pontoosuc
			 Bay contained within and described as that area from the center of the main
			 navigation channel and perpendicular to the Illinois shoreline located between
			 RM 388.0 (Pontoosuc light and daymark) and RM 390.2 (Dallas City boat access
			 area).
5) All of the area southward
			 of the center of the navigation channel and perpendicular to the Illinois
			 shoreline on a line from the Des Moines River daymark (Iowa side) and the Des
			 Moines River lighted buoy (Illinois side), both of which are at RM
			 361.7, to
			 Lock and Dam 19 (RM 364.5 ) including any slough channels of the Mud Island
			 area along the Illinois side.
6)
			 All of the area east of the center of navigation channel and perpendicular to
			 the Illinois shoreline between RM 314.0 (Whitney light and daymark) and RM
			 316.0 (Hadley Island Goale light and daymark).
7) All of the area east of the center of
			 navigation channel and perpendicular to the Illinois shoreline between River
			 Mile 238.4 (Hasting's Landing light and daymark) and River Mile 246.8 (Turner
			 Landing light and daymark).
8) Mark
			 Twain U.S. Fish and Wildlife Service National Wildlife Refuge Waters.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.25 - Daily Fee Fishing Area

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons
			 wishing to obtain a fee fishing area license shall submit an application to the
			 Department that contains all of the following information:
1) the legal location of the site for which
			 the license is intended;
2) the
			 size and number of water bodies located at the site;
3) source of fish for stocking; and
4) species of fish to be stocked.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.30 - Special Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Commercial fishing and musseling will not be permitted in any streams, ditches,
			 or tributaries connected to the backwaters of the waters listed in Section
			 830.10,
			 830.15
			 or
			 830.20.
b) Any person harvesting mussels for
			 commercial use may possess during the open season only those mussels identified
			 in Section
			 830.60 of legal size as
			 established by Section
			 830.70.
			 Mussels smaller than the legal size and all mussels not identified in Section
			 830.60 must be
			 immediately returned to the mussel bed or location from which they were
			 taken.
c) It shall be illegal to
			 possess mussel shell more than 15 days after the close of the season without a
			 mussel dealer license.
d)
			 Paddlefish may not be commercially harvested except in the Ohio River, the
			 Illinois River below Route 89, and in the Mississippi River below Lock and Dam
			 19.
e) Commercial fishing devices
			 must be checked and emptied of catch at the following time intervals:
1) Hoop nets and basket traps must be
			 attended at least once every 72 hours during open water conditions. During ice
			 cover conditions, hoop nets and basket traps must be attended at least once
			 every 20 days.
2) Trammel and gill
			 nets must be attended at least every 24 hours during open water conditions,
			 except when operating under a Commercial Roe Harvester Permit. When operating
			 and taking or possessing roe-bearing species, nets must be attended from 10
			 a.m. to 4 p.m. During ice cover conditions, trammel and gill nets must be
			 attended at least every 96 hours.
3) Trotlines and other hook and line devices
			 must be checked at least every 24 hours.
4) Seines and trammel or gill nets fished by
			 driving or drifting methods must be constantly attended.
5) Commercial gear containing dead or
			 moribund fish as a result of failure to check gear and empty catch shall be
			 considered an illegal device.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.40 - Devices

Current through Register Vol. 48, No. 28, July 12, 2024
a) Commercial
			 Fishing
1) Devices used in the waters listed
			 in Section
			 830.10
			 shall conform to all regulations as outlined in Article 15 of the Fish and
			 Aquatic Life Code [515 ILCS 5 /Art.15]. Hoop nets, basket traps, trot lines and
			 dip nets may be used in all of the aforementioned waters.
2) It shall be unlawful:
A) To use trammel nets and gill nets except
			 in the Illinois River up to Route 89 Highway bridge, the Ohio River and the
			 Mississippi River, unless authorized by a Special Use Permit issued pursuant to
			 Section
			 830.80;
B) To use seines except in the Illinois,
			 Mississippi, Ohio and Wabash Rivers (except seining will not be permitted in
			 Boston Bay and its connected backwaters above the mouth of Boston Bay in Mercer
			 County); and
C) To use trammel nets
			 or gill nets in the Ohio River with less than 4 inch bar mesh netting, except
			 that, from May 1 through October 31, bar mesh size cannot be less than 4 inches
			 or greater than
			 4.5 inches.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.50 - Permission

Current through Register Vol. 48, No. 28, July 12, 2024
Commercial fishermen and musselers are responsible for
				obtaining permission to carry out fishing or musseling activity from the
				landowner(s) controlling portions of the aforementioned waters as
				necessary.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.60 - Species

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
			 species of fish may be taken by licensed commercial fishermen:
1) Common Carp and Black Carp
2) Buffalo
3) Freshwater drum
4) Catfishes (includes bullheads)
5) Paddlefish (only in waters specified in
			 Section
			 830.13
			 ) (roe harvester permit required)
6) Carpsuckers
7) Suckers (except Longnose Sucker)
8) Redhorses (except River Redhorse and
			 Greater Redhorse)
9) Goldeye and
			 Mooneye
10) Gar (except alligator
			 gar)
11) Bowfin (roe harvester
			 permit required from October 1 through May 31)
12) Shovelnose sturgeon (only in waters
			 specified in Section 830.13)(roe harvester permit required)
13) Gizzard shad
14) White amur (grass carp)
15) Minnows
16) Goldfish
17) Bighead Carp and Silver Carp
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.70 - Size and Creel Limit

Current through Register Vol. 48, No. 28, July 12, 2024
a) No channel
			 catfish, blue catfish, flathead catfish or white catfish under 15 inches in
			 length, undressed, or 12 inches in length, dressed, or 10.7 inches when dressed
			 with the first vertebrae (T bone) removed, may be taken except in the Ohio
			 River and Wabash River.
b) No
			 shovelnose sturgeon under 24 inches or over 32 inches in length may be taken
			 from the Mississippi River or the Ohio River. No shovelnose sturgeon under 25
			 inches in length may be taken from the Wabash River. All shovelnose sturgeon
			 shall be measured using fork length, defined as: "the length from the most
			 anterior part of the fish to the tip of the median caudal fin rays" (from tip
			 of the snout to the fork of the tail).
c) No paddlefish less than 28 inches in
			 length may be taken from the Illinois or Mississippi Rivers, no paddlefish less
			 than 32 inches may be taken from the Ohio River. All paddlefish shall be
			 measured using the eye fork length, defined as "the length from the anterior
			 edge of the eye to the fork of the tail" (from the front of the eye to the fork
			 of the tail).
d) No channel
			 catfish, blue catfish or flathead catfish less than 13 inches in total length
			 may be taken from the Wabash and Ohio Rivers. Only one channel catfish per day
			 equal to or greater than 28 inches may be harvested from the Wabash and Ohio
			 Rivers. Only one blue catfish and one flathead catfish per day equal to or
			 greater than 35 inches may be harvested from the Wabash or Ohio
			 Rivers.
e) All washboard mussels
			 shall measure not less than 4.0 inches. All relic (dead) Washboards shall
			 measure not less than 4.0 inches.
f) All mapleleaf mussels shall measure not
			 less than 2.75 inches.
g) All
			 threeridge mussels shall measure not less than 3.0 inches.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 830 - COMMERCIAL FISHING AND MUSSELING IN CERTAIN WATERS OF THE STATE › Section 830.80 - Commercial Fishing and Musseling in Additional Waters

Current through Register Vol. 48, No. 28, July 12, 2024
a) Additional public waters may be open to
			 targeted commercial fishing or musseling by a Special Use Permit. Any licensed
			 commercial fisherman or musseler who wishes to fish in any water not listed
			 under Section
			 830.10,
			 830.20
			 or 830.80(i) must request permission from the Division of Fisheries. The
			 Division will determine whether the fish, crayfish or mussel resource can
			 support such activity and whether the activity is in the best interests of the
			 general public. If so, the Department shall issue a Special Use Permit for
			 targeted removal specifying the type of gear, season, species of fish, crayfish
			 or mussel that shall be removed, and any other regulations as shall be
			 necessary to protect the resource.
b) The standards for determining whether or
			 not an additional fishery will be open to targeted commercial fishing or
			 musseling shall include: a biological sampling of the commercial fish, crayfish
			 or mussel population to determine the relative abundance of the species
			 present; an assessment of the impact of commercial fishing or musseling gear on
			 sport fish, crayfish or mussel populations; a determination of the potential
			 impact of commercial fishing or musseling activities on other water-based
			 recreation; a determination of whether the fish are safe for public consumption
			 (U.S. Food and Drug Administration standards are followed (
			 21 CFR
			 109.30 (2014)); and a fair and equitable
			 allocation of commercial fishing or musseling opportunities.
c) For commercial musseling, in addition to
			 the criteria listed in subsection (b), both of the specific criteria listed
			 below must be met for areas to be open or remain open to commercial harvest of
			 selected mussel species:
1) sub-legal to
			 legal mussel (same species) ratio equal to or exceeding 2:1; and
2) catch rate (CPUE) of individual specimens
			 of a given species, as measured by a timed diver sample equal to or exceeding
			 60 per hour.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.5 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
All fish of whatever kind found in the waters of Lake Michigan
				within the jurisdiction of this state, shall be and are declared to be the
				property of the state and the taking thereof is declared to be a privilege. All
				fish in these waters shall be taken, transported, sold and possessed only in
				accordance with the provisions of this Rule.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.10 - Possession and Identification of Gear

Current through Register Vol. 48, No. 28, July 12, 2024
a) Licensed commercial fishermen may take
			 bloater chub and yellow perch in Lake Michigan only with gill nets that have
			 meshes of not more than 2¾ inch diagonal stretched measurement nor less
			 than 23/8 inch diagonal
			 stretched measurement. All gill nets used to take such fish in the Illinois
			 waters of Lake Michigan shall not have a vertical width of more than twenty
			 (20) meshes.
b) Gill nets found on
			 any vessels not conforming to the
			 23/8 through 2¾ inch
			 diagonal stretched measurement requirement shall be prima facie evidence that
			 such nets are illegally used and subject to confiscation and disposition
			 [515
			 ILCS 5/1-215 ].
c) It shall be unlawful to set any legal gill
			 net in Lake Michigan unless such net is properly marked at each end with a buoy
			 having a staff of not less than 6 feet in height to which a colored flag is
			 secured, and the name, city or town of residence, and the license number of the
			 licensee is attached to the flag, staff, or upper surface of the bowl of each
			 buoy attached to the ends of the net. In addition, during the period from April
			 1 through October 31 all commercial gill nets placed in waters of 20 fathoms or
			 less in depth shall have placed within 25 feet of the net at intervals of not
			 more than 3600 feet a float not less than 3 gallons in size with 50% of the
			 outer surface colored in orange. During the period from December 1 through
			 March 31 only, wooden boards of at least 8 feet in length may be used at the
			 ends of the net and must also comply with the marking provisions as defined in
			 this Section.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.20 - Quota

Current through Register Vol. 48, No. 28, July 12, 2024
a) Harvest quotas
			 will be reviewed annually and will be established by the Department for each
			 license fishing year taking into consideration the condition and supply of Lake
			 Michigan fish stocks.
b) For each
			 license year beginning April 1 and ending March 31, annual total harvest quota
			 of 0 pounds (round weight) of yellow perch and 125,000 pounds (dressed weight)
			 of bloater chubs will be permitted. These annual total harvest quotas shall be
			 divided equally among each licensee at the beginning of each license year. Upon
			 reaching their share of the annual harvest quota for each species, each
			 commercial license holder shall terminate fishing for that species for the
			 remainder of the current license year. It shall be unlawful to possess other
			 species except smelt and alewife incidentally caught in bloater chub and yellow
			 perch gill nets, fished in compliance with this Part and the Illinois Fish and
			 Aquatic Life Code. All other species must be removed immediately from the gill
			 nets as they are brought on board the vessel and returned to the water at once
			 in the same condition as taken.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.25 - Seasons

Current through Register Vol. 48, No. 28, July 12, 2024
The commercial harvest of yellow perch is prohibited from May 1
				through June 15, inclusive, annually. All yellow perch incidentally caught in
				gill nets during this time must be removed immediately from the gill nets as
				they are brought on board the vessel and returned to the water at once in the
				same condition as taken.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.30 - Restricted Commercial Fishing Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) During the months of July and August,
			 commercial gill net fishing may be undertaken anywhere in the Illinois portion
			 of Lake Michigan outside of the 1,000 yard distance from any pier, breakwater,
			 or similar structure, or the low water mark on the shore. From the months of
			 September through April and from June 16 through June 30, inclusive, commercial
			 fishermen must fish in water depths of at least 5 fathoms (30 feet) or deeper
			 to minimize incidental catch of salmon and trout.
b) The following described area in Lake
			 Michigan is established as fish refuge and it shall be unlawful for any person
			 to place any commercial fishing device in it: all waters on or adjacent to any
			 area commonly referred to as Julian's Reef, located in a general area bounded
			 by 42 16'00" north latitude on the north, 87 29'00" west longitude on the east,
			 42 11'00" north latitude on the south and 87 35'00" west longitude on the west,
			 on U.S. lake survey navigational chart #75, edition of April 1972 (National
			 Oceanic and Atmospheric Administration).
c) During the months of August and September,
			 all gill nets set in the Illinois portion of Lake Michigan in waters up to 20
			 fathoms (120 feet) in depth shall not be set prior to sunrise and must be
			 removed from the water prior to sunset on the same day.
d) From May 1 through June 15, inclusive, all
			 gill nets must be placed in waters greater than 20 fathoms (120 feet) in depth
			 to minimize the incidental catch of yellow perch.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.40 - Limited Entry

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department may issue 5 commercial licenses for taking yellow perch and bloater
			 chub. Each licensee may fish only with the fishing vessel designated on each
			 license.
b) Any individual or
			 corporate license holder who continues to meet eligibility requirements in
			 Section
			 850.50
			 will receive priority for available licenses over new commercial fishing
			 candidates.
c) At times determined
			 by the Director, the Department will advertise a public drawing to accept new
			 qualified commercial fishing candidates and establish a ranking order, based on
			 the result of the drawing, for these new candidates to fill open Lake Michigan
			 commercial fishing licenses. This ranking order shall be used until the list of
			 eligible candidates is exhausted.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.50 - License Eligibility and License Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
Lake Michigan Commercial Fishing License commences April 1 and
				expires March 31 and shall be valid for a period of 3 years. To be eligible for
				a license to fish commercially during a given fishing license year, the
				applicant, license holder, must meet the following requirements:
a) Be an individual who has actually resided
			 in Illinois for one year immediately preceding his application for a license to
			 be allowed to fish commercially and who does not claim residency for commercial
			 fishing purposes in another state or country.
b) Be a corporation incorporated in Illinois
			 for at least one year immediately preceding the application for a license to
			 fish commercially during a given fishing year, or a corporation incorporated in
			 Illinois by a currently licensed Lake Michigan Commercial Fisherman.
1) All stockholders of the corporations shall
			 have been Illinois residents for at least one year immediately prior to owning
			 any stock or interest in the corporation, and remain Illinois residents as long
			 as they own such stock or interest.
2) Individuals licensed as Lake Michigan
			 Commercial Fisherman who wish to place the license into corporate control must
			 own a controlling interest in the corporation (owns or controls more than 50%)
			 at the time of transfer. The corporations need not have been in existence for
			 one year, but must meet all other requirements.
3) All transfers of ownership interest in the
			 corporation must be reported to the Department within 10 days after
			 transfer.
4) No such corporation
			 may be wholly or partially owned by another corporation, and no individual
			 shall own any part of more than one business entity holding a Lake Michigan
			 Commercial Fishing License.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.60 - Application for License

Current through Register Vol. 48, No. 28, July 12, 2024
An application for a Lake Michigan commercial fishing license
				shall be on forms provided by the Department of Natural Resources and shall
				contain the following information:
a)
			 Proof of having met eligibility requirements.
b) Listing of kind and amounts of gear, and
			 name, Illinois port, and copy of U.S. Coast Guard document of vessel.
c) Names and street addresses of captain and
			 all members of the commercial fishing crew.
d) In cases of corporate applications,
			 additionally:
1) Certified copy of Illinois
			 Article of Incorporation;
2) Name,
			 address and percentage of ownership or numbers of shares of stock over existing
			 shares of stock (i.e., 500/1000) in this corporation;
3) Names, addresses and titles of all
			 corporate officers;
4) Name and
			 address of designated corporate agent.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 850 - COMMERCIAL FISHING IN LAKE MICHIGAN › Section 850.80 - Suspension or Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 accordance with
			 515 ILCS
			 5/20-105, the following violations will result in
			 suspension or revocation of the Lake Michigan commercial fishing license for a
			 period of not less than one year:
1) Taking
			 and possessing any species other than bloater chub, yellow perch, smelt and
			 alewife;
2) Use of any commercial
			 fishing devices other than gill nets having meshes not more than 2¾ inch
			 diagonal stretched measurement nor less than
			 23/8 inch diagonal stretched
			 measurement;
3) Commercial fishing
			 in a restricted area;
4)
			 Falsification of license eligibility requirements and/or application for
			 license information;
5) Failure to
			 submit catch reports or submitting falsified catch reports;
6) Exceeding harvest quota;
7) Transferring fish from the license vessel
			 to other vessels or to shore at any location not identified in the yearly
			 operational plan.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 860 - AQUATIC LIFE SALVAGE OR RELOCATION › Section 860.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Aquatic life" means all fish, mollusks, crustaceans, algae,
				aquatic plants, aquatic invertebrates, and any other aquatic animals or plants
				that the Department identifies in rules adopted after consultation with
				biologists, zoologists or other wildlife experts. "Aquatic life" does not mean
				any herptiles that are found in the Herptiles-Herps Act.
"Aquatic life relocation" means the repositioning of imperiled
				aquatic life populations into the same water body or watershed by methods
				delineated in Section
				860.20(b) and
				(e) for the purposes of protecting those
				plants and/or animals from injury or death due to disturbances in the aquatic
				environment.
"Aquatic life salvage" means the removal of imperiled aquatic
				life populations by methods delineated in Section
				860.20(b)
				for personal consumption and/or for commercial sale of commercial species as
				provided under 17 Ill. Adm. Code 830.
"Department" means the Illinois Department of Natural
				Resources.
"Director" means the Director of the Illinois Department of
				Natural Resources.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 860 - AQUATIC LIFE SALVAGE OR RELOCATION › Section 860.10 - Implementation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director or
			 his or her designee shall implement aquatic life salvage operations under
			 authority granted to the Director by Section 1-150 of the Fish and Aquatic Life
			 Code [ 515 ILCS 5 ] (Code) for a specific area and specific time for which an
			 emergency situation exists.
b) An
			 emergency situation exists when a field investigation by a Department fishery
			 biologist provides information to the Director indicating there is imminent
			 danger of loss of that aquatic life population by natural or man-made
			 causes.
c) The Director or his or
			 her designee may authorize the relocation of aquatic life in imminent threat of
			 injury or death due to human disturbances under authority granted to the
			 Director by Section 1-50 of the Code.
d) Department regulatory staff shall review
			 proposed construction projects that occur in aquatic environs (rivers, streams
			 and lakes). In certain situations, aquatic life must be moved away from those
			 construction project sites to avoid unnecessary harm. Aquatic life relocation
			 by the project contractor or designee is authorized by this subsection (d) and
			 shall be conducted in accordance with Section
			 860.20.