Statutes > Illinois Statutes > CHAPTER 515 FISH > 515 ILCS 5/ Fish and Aquatic Life Code. > Article 20 - Licenses And Permits - Exemptions

Article 20 - Licenses And Permits - Exemptions


      (515 ILCS 5/Art. 20 heading)
ARTICLE 20. LICENSES AND PERMITS; EXEMPTIONS

    (515 ILCS 5/20‑5) (from Ch. 56, par. 20‑5)
    Sec. 20‑5. Necessity of license; exemptions.
    (a) Any person taking or attempting to take any fish, including minnows for commercial purposes, turtles, mussels, crayfish, or frogs by any means whatever in any waters or lands wholly or in part within the jurisdiction of the State, including that part of Lake Michigan under the jurisdiction of this State, shall first obtain a license to do so, and shall do so only during the respective periods of the year when it shall be lawful as provided in this Code. Individuals under 16, blind or disabled residents, or individuals fishing at fee fishing areas licensed by the Department, however, may fish with sport fishing devices without being required to have a license. For the purpose of this Section an individual is blind or disabled if that individual has a Class 2 disability as defined in Section 4A of the Illinois Identification Card Act. For purposes of this Section an Illinois Disabled Person Identification Card issued under the Illinois Identification Card Act indicating that the individual named on the card has a Class 2 disability shall be adequate documentation of a disability.
    (b) A courtesy non‑resident sport fishing license or stamp may be issued at the discretion of the Director, without fee, to (i) any individual officially employed in the wildlife and fish or conservation department of another state or of the United States who is within the State to assist or consult or cooperate with the Director or (ii) the officials of other states, the United States, foreign countries, or officers or representatives of conservation organizations or publications while in the State as guests of the Governor or Director.
    (c) The Director may issue special fishing permits without cost to groups of hospital patients or handicapped individuals for use on specified dates in connection with supervised fishing for therapy.
    (d) Veterans who, according to the determination of the Veterans' Administration as certified by the Department of Veterans' Affairs, are at least 10% disabled with service‑related disabilities or in receipt of total disability pensions may fish with sport fishing devices during those periods of the year it is lawful to do so without being required to have a license, on the condition that their respective disabilities do not prevent them from fishing in a manner which is safe to themselves and others.
    (e) Each year the Director may designate a period, not to exceed 4 days in duration, when sport fishermen may fish waters wholly or in part within the jurisdiction of the State, including that part of Lake Michigan under the jurisdiction of the State, and not be required to obtain the license or stamp required by subsection (a) of this Section, Section 20‑10 or subsection (a) of Section 20‑55. The term of any such period shall be established by administrative rule. This subsection shall not apply to commercial fishing.
    (f) The Director may issue special fishing permits without cost for a group event, restricted to specific dates and locations if it is determined by the Department that the event is beneficial in promoting sport fishing in Illinois.
(Source: P.A. 89‑66, eff. 1‑1‑96; 90‑743, eff. 1‑1‑99.)

    (515 ILCS 5/20‑10) (from Ch. 56, par. 20‑10)
    Sec. 20‑10. Salmon stamp. Any individual taking or attempting to take salmon in Lake Michigan shall, in addition to any other license required by this Code, first obtain a salmon stamp authorized by the Department and affix it to his or her license. Individuals not required to obtain a license are not required to obtain a salmon stamp.
(Source: P.A. 87‑135; 87‑833; 87‑895; 88‑91.)

    (515 ILCS 5/20‑11)
    Sec. 20‑11. Inland trout stamp. Any individual taking or attempting to take trout in all waters except Lake Michigan shall, in addition to any other license required by this Code, first obtain an inland trout stamp authorized by the Department. Individuals not required to obtain a license are not required to obtain an inland trout stamp.
(Source: P.A. 88‑91.)

    (515 ILCS 5/20‑15)(from Ch. 56, par. 20‑15)
    Sec. 20‑15. Owners fishing own land; exemption. The owners or bona fide tenants of lands, actually residing on the lands and their children, parents, brothers, and sisters actually permanently residing with them have the right to take with a sport fishing device fish of the kind permitted to be taken or caught under this Code from waters lying upon or flowing over the lands without procuring licenses to do so. This exemption does not apply to club lakes, organizational lakes, or lake developments. Any individual on active duty with the armed forces of the United States who is now and was at the time of entering the Armed Forces a resident of Illinois, who entered the Armed Forces from this State, and who is presently on ordinary or emergency leave from the Armed Forces has the right to catch or take with a sport fishing device fish permitted to be taken or caught by this Code without procuring a license. Any individual exempt from licensure under this Section has only the authority and privileges in taking fish as are provided by this Code. Fishing by an exempt individual may be done only during seasons when it is lawful.
(Source: P.A. 96‑1226, eff. 1‑1‑11.)

    (515 ILCS 5/20‑20) (from Ch. 56, par. 20‑20)
    Sec. 20‑20. Non‑resident licenses. Any individuals 16 years of age or older not residents of the State of Illinois shall, before taking or attempting to take any aquatic life protected by this Code by any means whatever in the State of Illinois, obtain a non‑resident license to do so. In addition, before taking or attempting to take salmon from Lake Michigan, a non‑resident 16 years of age or older shall obtain a salmon stamp authorized by the Department, and before taking or attempting to take trout from all waters except Lake Michigan, a non‑resident 16 years of age or older shall obtain an inland trout stamp authorized by the Department.
(Source: P.A. 87‑833; 88‑91.)

    (515 ILCS 5/20‑25) (from Ch. 56, par. 20‑25)
    Sec. 20‑25. Persons controlling artificial lakes. The owners or tenants residing on, or members of private clubs that own or control by lease, lands encompassing artificial lakes of less than 30 acres that belong to the property and are supplied with waters from springs or surface drainage of intermittent streams are permitted to catch or take any of the fish protected by this Code, except largemouth, smallmouth, or spotted bass, with any size mesh hoop nets constructed of cotton, linen, or synthetic cord, or any size mesh seines not to exceed 100 yards in length, wire nets or baskets or traps, with or without wings, of any size mesh, from these ponds or lakes without obtaining any license for the devices, and then only for the purpose of fish management.
    Any fish designated by administrative rule concerning commercial species so taken may be disposed of by sale or barter. Any other fish so taken may not be sold or bartered.
(Source: P.A. 87‑833.)

    (515 ILCS 5/20‑30) (from Ch. 56, par. 20‑30)
    Sec. 20‑30. Application; issuance of license. No license shall be issued to use sport fishing or trot line devices, or any other fishing devices, until application has been made to the Department, to any county, city, village, township, or incorporated town clerk, or any other person authorized or designated by the Department to issue licenses. Each clerk designating agents to issue licenses and salmon stamps shall furnish the Department, within 10 days following the appointment, the names and mailing addresses of the agents. Applications shall be executed and sworn to and shall set forth the name and description of the applicant and place of residence. No license or salmon stamp shall be issued except upon definite proof of identity and place of legal residence.
    No clerk shall sell any license or salmon stamp at any place other than within the territorial area for which he or she was elected or appointed. No duly designated agent is authorized to furnish licenses or salmon stamps for issuance by any other business establishment.
(Source: P.A. 89‑66, eff. 1‑1‑96; 90‑225, eff. 7‑25‑97.)

    (515 ILCS 5/20‑35)(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.)

    (515 ILCS 5/20‑40) (from Ch. 56, par. 20‑40)
    Sec. 20‑40. (Repealed).
(Source: Repealed by P.A. 88‑91.)

    (515 ILCS 5/20‑45)(from Ch. 56, par. 20‑45)
    Sec. 20‑45. License fees for residents. Fees for licenses for residents of the State of Illinois shall be as follows:
        (a) Except as otherwise provided in this Section,
     for sport fishing devices as defined in Section 10‑95 or spearing devices as defined in Section 10‑110 the fee is $14.50 for individuals 16 to 64 years old, and one‑half of the current fishing license fee for individuals age 65 or older, commencing with the 1994 license year.
        (b) All residents before using any commercial
     fishing device shall obtain a commercial fishing license, the fee for which shall be $35. Each and every commercial device used shall be licensed by a resident commercial fisherman as follows:
            (1) For each 100 lineal yards, or fraction
         thereof, of seine the fee is $18. For each minnow seine, minnow trap, or net for commercial purposes the fee is $20.
            (2) For each device to fish with a 100 hook trot
         line device, basket trap, hoop net, or dip net the fee is $3.
            (3) When used in the waters of Lake Michigan,
         for the first 2000 lineal feet, or fraction thereof, of gill net the fee is $10; and for each 1000 additional lineal feet, or fraction thereof, the fee is $10. These fees shall apply to all gill nets in use in the water or on drying reels on the shore.
            (4) For each 100 lineal yards, or fraction
         thereof, of gill net or trammel net the fee is $18.
        (c) Residents of the State of Illinois may obtain a
     sportsmen's combination license that shall entitle the holder to the same non‑commercial fishing privileges as residents holding a license as described in subsection (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code. No sportsmen's combination license shall be issued to any individual who would be ineligible for either the fishing or hunting license separately. The sportsmen's combination license fee shall be $25.50. For residents age 65 or older, the fee is one‑half of the fee charged for a sportsmen's combination license.
        (d) For 24 hours of fishing by sport fishing devices
     as defined in Section 10‑95 or by spearing devices as defined in Section 10‑110 the fee is $5. This license exempts the licensee from the requirement for a salmon or inland trout stamp. The licenses provided for by this subsection are not required for residents of the State of Illinois who have obtained the license provided for in subsection (a) of this Section.
        (e) All residents before using any commercial mussel
     device shall obtain a commercial mussel license, the fee for which shall be $50.
        (f) Residents of this State, upon establishing
     residency as required by the Department, may obtain a lifetime hunting or fishing license or lifetime sportsmen's combination license which shall entitle the holder to the same non‑commercial fishing privileges as residents holding a license as described in paragraph (a) of this Section and to the same hunting privileges as residents holding a license to hunt all species as described in Section 3.1 of the Wildlife Code. No lifetime sportsmen's combination license shall be issued to or retained by any individual who would be ineligible for either the fishing or hunting license separately, either upon issuance, or in any year a violation would subject an individual to have either or both fishing or hunting privileges rescinded. The lifetime hunting and fishing license fees shall be as follows:
            (1) Lifetime fishing: 30 x the current fishing
         license fee.
            (2) Lifetime hunting: 30 x the current hunting
         license fee.
            (3) Lifetime sportsmen's combination license:
         30 x the current sportsmen's combination license fee.
    Lifetime licenses shall not be refundable. A $10 fee shall be charged for reissuing any lifetime license. The Department may establish rules and regulations for the issuance and use of lifetime licenses and may suspend or revoke any lifetime license issued under this Section for violations of those rules or regulations or other provisions under this Code or the Wildlife Code. Individuals under 16 years of age who possess a lifetime hunting or sportsmen's combination license shall have in their possession, while in the field, a certificate of competency as required under Section 3.2 of the Wildlife Code. Any lifetime license issued under this Section shall not exempt individuals from obtaining additional stamps or permits required under the provisions of this Code or the Wildlife Code. Individuals required to purchase additional stamps shall sign the stamps and have them in their possession while fishing or hunting with a lifetime license. All fees received from the issuance of lifetime licenses shall be deposited in the Fish and Wildlife Endowment Fund.
    Except for licenses issued under subsection (e) of this Section, all licenses provided for in this Section shall expire on March 31 of each year, except that the license provided for in subsection (d) of this Section shall expire 24 hours after the effective date and time listed on the face of the license.
    All individuals required to have and failing to have the license provided for in subsection (a) or (d) of this Section shall be fined according to the provisions of Section 20‑35 of this Code.
    All individuals required to have and failing to have the licenses provided for in subsections (b) and (e) of this Section shall be guilty of a Class B misdemeanor.
(Source: P.A. 96‑831, eff. 1‑1‑10.)

    (515 ILCS 5/20‑47)
    Sec. 20‑47. Military members returning from mobilization and service outside the United States.
    (a) After returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, an Illinois resident may fish as permitted by this Code without paying any fees required to obtain a fishing license for the time period prescribed by subsection (b) of this Section if the Illinois resident applies for a license within 2 years after returning from service abroad or mobilization. The applicant shall provide acceptable verification of service or mobilization to the Department either at the Department's office in Springfield or at a Regional Office of the Department.
    (b) For each year that an applicant is an active duty member pursuant to subsection (a) of this Section, the applicant shall receive one free fishing license. For the purposes of this determination, if the period of active duty is a portion of a year (for example, one year and 3 months), the applicant will be credited with a full year for the portion of a year served.
    (c) (Blank).
    (d) For the purposes of this Section, "acceptable verification of service or mobilization" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD‑214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.
    (e) For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.
(Source: P.A. 96‑1014, eff. 1‑1‑11.)

    (515 ILCS 5/20‑50) (from Ch. 56, par. 20‑50)
    Sec. 20‑50. Salmon stamp fee. The fee for a salmon stamp shall be $6 for both resident and non‑resident licensees. Every person shall sign the salmon stamp or affix the salmon stamp to his or her license. These stamps shall expire on March 31 of each year. All individuals required to have and failing to have a salmon stamp as provided in Section 20‑10 of this Code shall be guilty of a petty offense.
(Source: P.A. 87‑833; 88‑91.)

    (515 ILCS 5/20‑51)
    Sec. 20‑51. Inland trout stamp. The fee for an inland trout stamp shall be $6 for both resident and nonresident licensees. These stamps shall expire on March 31 of each year. All individuals required to have and who fail to have an inland trout stamp, as provided in Section 20‑11 of this Code, shall be guilty of a petty offense.
(Source: P.A. 88‑91.)

    (515 ILCS 5/20‑55)(from Ch. 56, par. 20‑55)
    Sec. 20‑55. License fees for non‑residents. Fees for licenses for non‑residents of the State of Illinois are as follows:
    (a) For sport fishing devices as defined by Section 10‑95, or spearing devices as defined in Section 10‑110, non‑residents age 16 or older shall be charged $31 for a fishing license to fish. For sport fishing devices as defined by Section 10‑95, or spearing devices as defined in Section 10‑110, for a period not to exceed 10 consecutive days fishing in the State of Illinois the fee is $19.50.
    For sport fishing devices as defined in Section 10‑95, or spearing devices as defined in Section 10‑110, for 24 hours of fishing the fee is $5. This license exempts the licensee from the salmon or inland trout stamp requirement.
    (b) All non‑residents before using any commercial fishing device shall obtain a non‑resident commercial fishing license, the fee for which shall be $150. Each and every commercial device shall be licensed by a non‑resident commercial fisherman as follows:
        (1) For each 100 lineal yards, or fraction thereof,
     of seine (excluding minnow seines) the fee is $36.
        (2) For each device to fish with a 100 hook trot
     line device, basket trap, hoop net, or dip net the fee is $6.
        (3) For each 100 lineal yards, or fraction thereof,
     of trammel net the fee is $36.
        (4) For each 100 lineal yards, or fraction thereof,
     of gill net the fee is $36.
    All persons required to have and failing to have the license provided for in subsection (a) of this Section shall be fined under Section 20‑35 of this Code. Each person required to have and failing to have the licenses required under subsection (b) of this Section shall be guilty of a Class B misdemeanor.
    All licenses provided for in this Section shall expire on March 31 of each year; except that the 24‑hour license for sport fishing devices or spearing devices shall expire 24 hours after the effective date and time listed on the face of the license and licenses for sport fishing devices or spearing devices for a period not to exceed 10 consecutive days fishing in the State of Illinois as provided in subsection (a) of this Section shall expire at midnight on the tenth day after issued, not counting the day issued.
(Source: P.A. 96‑831, eff. 1‑1‑10.)

    (515 ILCS 5/20‑60) (from Ch. 56, par. 20‑60)
    Sec. 20‑60. Reciprocal fishing agreements. The Department of Natural Resources may in its discretion enter into reciprocal fishing agreements with the States of Missouri, Iowa, Wisconsin, Kentucky, and Indiana to permit persons licensed or legally exempt from licenses by those states to fish in any of the waters forming a boundary between those states and the State of Illinois and lying within the territorial jurisdiction of this State in the same manner and to the same extent that persons holding or legally exempt from Illinois licenses may do if the laws of Missouri, Iowa, Wisconsin, Kentucky, and Indiana, respectively, extend a similar privilege to persons licensed or legally exempt under the laws of this State. Such an agreement shall be made subject, however, to the duties, responsibilities, and liabilities imposed on its own licensees by the terms of this Code and the laws of this State and shall be further subject to revocation at any time whenever revocation shall be deemed necessary in the discretion of the Department of Natural Resources of this State.
(Source: P.A. 89‑445, eff. 2‑7‑96.)

    (515 ILCS 5/20‑65) (from Ch. 56, par. 20‑65)
    Sec. 20‑65. Tags for devices. Each licensee of any of the devices or boats named in this Code, other than a sport fishing device, shall receive from the person issuing the license a tag, furnished by the Department. The tag shall be attached to the device licensed in the following manner:
        (a) On a seine the tag shall be attached to the
     brail or to the leader line adjoining the brail on either end of the seine.
        (b) Nets of any type shall be tagged on the rear
     hoop, tail line, or on the tail pole if a pole is used as part of the net device.
        (c) All other devices shall be tagged in a position
     that is at all times exposed to public view.
    The Department may furnish sport fishing licensees with an insignia as evidence of possession of licenses as the Department may consider advisable. The insignia shall be exhibited and used as the Department may establish by rule.
(Source: P.A. 89‑66, eff. 1‑1‑96.)

    (515 ILCS 5/20‑70)(from Ch. 56, par. 20‑70)
    Sec. 20‑70. Non‑resident and resident aquatic life dealers.
    (a) Non‑resident aquatic life dealers. Any person not a resident of Illinois who sells or ships to other wholesalers, retailers, or consumers any of the aquatic life protected by this Code, whether from waters within or without the State is a non‑resident aquatic life dealer within the meaning of this Code.
    All licenses issued to non‑resident aquatic life dealers are valid only in the location described and designated in the application for the license. Wholesalers may deliver their products by truck or common carrier of any type but must possess a separate license for each truck from which aquatic life are being sold if business is solicited from the trucks.
    Application for a non‑resident aquatic life dealer's license shall be made to and upon forms furnished by the Department and shall be in the form as the Department may prescribe. The annual fee for a non‑resident aquatic life dealer's license shall be $100. All non‑resident aquatic life dealer licenses shall expire on January 31 of each year.
    Non‑residents purchasing aquatic life in Illinois for sale solely outside the State are exempt from possessing an aquatic life dealer's license if purchases are made from a licensed resident wholesale or retail aquatic life dealer.
    (b) Resident aquatic life dealer's licenses. Any person conducting a fish market or buying, selling, or shipping any aquatic life (except minnows) protected by this Code, whether from waters within or without the State, shall first procure a license from the Department to do so, including any commercial fisherman selling live fish for stocking only. Any commercial fisherman selling fish legally caught or taken by themselves to a resident licensed wholesale aquatic life dealer, however, is exempt from the provisions of this Section.