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AN ACT to revise the law in relation to the conservation of fish, mussels, frogs, and turtles in the State of Illinois, and to provide penalties for the violation thereof, and to repeal all Acts in conflict with this Act.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE I.

GENERAL PROVISIONS.

SECTION 1. That this Act shall be known and may be cited as the "Fish Code of Illinois."

§ 2. DEPARTMENT.] This Act shall be administered by and under the direction of the Department of Agriculture. The word "Department," as used in this Act, shall be construed to mean the Department of Agriculture.

§ 3. DUTY. OF DEPARTMENT.] It shall be the duty of the department to take all measures necessary for the conservation, distribution, introduction and restoration of fish, mussels, frogs and turtles and to bring, or cause to be brought, actions and proceedings, in the name and by the authority of the People of the State of Illinois, to enforce the provisions hereof and to recover any and all fines and penalties hereinafter provided for.

§ 4. OFFICERS AND EMPLOYEES OF THE DEPARTMENT.] Whenever in this Act powers or duties are vested in or imposed upon the officers or employees of the Department of Agriculture, only such officers and employees of the department shall exercise such powers or duties as are authorized in writing, signed by the Director of the Department of Agriculture.

§ 5. OWNERSHIP AND TITLE.] The ownership of and title to all fish, mussels, frogs and turtles within the jurisdiction of the State, are hereby declared to be in the State, and no fish, mussels, frogs or turtles shall be taken or killed, in any manner or at any time, except the person or persons so taking or killing the same shall consent that the title thereto shall be and remain in the State for the purpose of regulating the possession, use, sale and transportation thereof after such taking or killing, as hereinafter set forth. The taking or killing of fish, mussels, frogs and turtles at any time, in any manner, and by any person, shall be deemed a consent on the part of such person that the title to such fish, mussels, frogs and turtles is, shall be and remains in the State for the purpose of regulating the possession, use, sale and transportation of same.

§ 6. APPLICATION OF ACT.] It shall be unlawful for any person to catch, take or kill, or to attempt to catch, take or kill any fish, mussels, frogs or turtles in or from any of the lakes, rivers, creeks, sloughs,

bayous or other waters or watercourses wholly or in part within the jurisdiction of the State, or over which the State has concurrent jurisdiction with any other state, except subject to the restrictions and by the means and devices and at the times prescribed by this Act.

ARTICLE II.

(a) FISH. (b) mussels, frogs and turtles.

(a) FISH.

§ 7. BASS (black, rock, white or striped), CRAPPIES, PERCH (yellow or ringed), SUNFISH, (goggle-eye and bluegill).] It shall be unlawful:

(a) To catch or take, or attempt to catch or take, bass (black, rock, white or striped), crappies, perch (yellow or ringed), sunfish, goggle-eye or bluegill, except by hooks and lines, and if caught or taken by any other means, the same shall be immediately returned to the waters from which taken, without unnecessary injury.

(b) To buy, sell or barter, or offer to buy, sell or barter, or to ship or offer for shipment, or receive for shipment, or for any commercial institution, commission house, restaurant or cafe keeper, or fish dealer, to have any black bass in possession, whether caught or taken within or without the State, or lawfully or unlawfully caught

or taken.

(c) To catch or take, or attempt to catch or take, or have in possession, black bass, between the 1st day of March and the 15th day of June, both inclusive, of any year, and any black bass caught or taken, except during the aforesaid period, shall be immediately returned to the waters from which taken, without unnecessary injury.

(d) For any person to catch or take, in any one day, in excess of ten black bass.

(e) To catch or take, or have in possession, black bass of less than ten inches in length, and if black bass of less than ten inches in length are caught or taken, the same shall be immediately returned to the waters from which taken, without unnecessary injury.

§ 8. BUFFALO, BULLHEAD CAT, CARP, CAT FISH AND PERCH (white).] It shall be unlawful:

(a) To catch or take buffalo of less than fifteen (15) inches in length, bullhead cat of less than six (6) inches in length, dressed, and eight (8) inches in length, undressed, carp of less than fifteen (15) inches in length, catfish of less than thirteen (13) inches in length, undressed, or nine (9) inches dressed, catfish (blue or channel) of less than thirteen (13) inches in length, undressed, or nine (9) inches dressed, or perch (white) of less than ten (10) inches in length, except by hooks and lines, and if any such fish under such respective lengths are caught or taken by any other means, the same shall be immediately returned to the waters from which taken without unnecessary injury.

(b) To buy, sell or barter, or offer to buy, sell or barter, or for any commercial institution, commission house, restaurant or cafe keeper, or fish dealer, to have in possession any of the above named fish, if the same are undersized.

(c) To buy, sell or barter, or offer to buy, sell or barter, to ship or offer for shipment, or receive for shipment, or for any commercial institution, commission house, restaurant or cafe keeper, or fish dealer, to have in possession any of the above named fish, caught or taken from waters wholly or in part within the jurisdiction of the State, or over which the State has concurrent jurisdiction with any other state, between the 15th day of April and the 1st day of June, both inclusive, of any year.

§ 9. BLACK FINS, CHUBS, HERRING AND LONG JAWS.] It shall be unlawful:

To catch or take, or attempt to catch or take, black fins, chubs, herring or long jaws with either gill nets, dip nets or pound nets, the meshes of which are either more or less than one and onequarter (14) inches square.

§ 10. PERCH (lake).] It shall be unlawful:

(a) To catch or take, or attempt to catch or take, lake perch of less than seven (7) inches in length, except by hooks and lines and if caught or taken by any other means, the same shall be immediately returned to the waters from which taken, without unnecessary injury.

(b) To buy, sell or barter, or offer to buy, sell or barter, or for any commercial institution, commission house, restaurant or cafe keeper, or fish dealer, to have in possession any lake perch, if the same are undersized.

(c) To catch or take, or attempt to catch or take, lake perch with gill nets, dip nets or pound nets, the meshes of which are either more or less than one and one-quarter (14) inches square.

§ 11. PICKEREL, PIKE AND PIKE PERCH (commonly known as walleyed pike, jack or yellow salmon).] It shall be unlawful:

(a) To catch or take, or attempt to catch or take, pickerel, pike or pike perch (commonly known as wall-eyed pike, jack or yellow salmon), except by hooks and lines, and if caught or taken by any other means, the same shall be immediately returned to the waters from which taken, without unnecessary injury.

(b) To buy, sell or barter, or offer to buy, sell or barter, or for any commercial institution, commission house, restaurant or cafe keeper, or fish dealer, to have in possession any of the above named fish, if taken from waters within the jurisdiction of the State.

(c) To buy, sell or barter, or offer to buy, sell or barter, or for any commercial institution, commission house, restaurant or cafe keeper, or fish dealer, to have pickerel or pike of less than fifteen (15) inches in length, or pike perch (commonly known as wall-eyed pike, jack or yellow salmon) of less than thirteen (13) inches in length, in possession, if taken without the State.

(d) The sale or having in possession of the species of fish commonly known as gray pike, sauger pike, blue pike or sand pike, caught in waters without the jurisdiction of the State of Illinois, shall not be unlawful on account of anything contained in this section.

§ 12. TROUT (lake) AND WHITE FISH.] It shall be unlawful:

(a) To catch or take, or attempt to catch or take, lake trout or white fish, with gill nets or pound nets, the meshes of which are less than two and one-quarter (24) inches square.

(b) To catch or take, or attempt to catch or take, lake trout or white fish, between the 1st day of November and the 1st day of December, both inclusive of any year, by means of any device whatsoever.

(c) To catch or take, or attempt to catch or take, lake trout or white fish of less weight than one and one-quarter (14) pounds, dressed, and if any such fish under such weight are caught or taken, the same shall be immediately returned to the waters from which taken, without unnecessary injury: Provided that any single catch of lake trout or white fish containing not in excess of ten per cent undersized lake trout or whitefish shall not be unlawful, but such undersized lake trout or white fish shall not be shipped, but shall be disposed of or sold upon the shore of the body of water from which taken.

(d) To buy, sell or barter, or offer to buy, sell or barter, or for any commercial institution, commission house, restaurant or cafe keeper, or fish dealer, to have in possession any lake trout or white fish, if the same are under weight, except as hereinabove provided. § 13. MINNOWs.] It shall be unlawful:

(a) To catch or take, or attempt to catch or take, minnows except for bait.

(b) To catch or take, or attempt to catch or take, minnows by the use of minnow seines of more than twenty (20) feet in length.

(c) To catch or take, or attempt to catch or take, minnows with minnow seines, nets or traps, the meshes of which are more than oneeighth (%) of an inch square. Minnow seines, nets and traps may be used at any time of the year for the purpose of catching minnows for bait only.

(d) For any person to buy, sell or barter, or offer to buy, sell or barter, or have in possession, minnows for any purpose whatsoever except for use as bait.

(e) In catching or taking, or attempting to catch or take, minnows for bait, all other fish taken (of whatever size) shall be returned to the waters from which taken, without unnecessary injury.

§ 14. NETS (dip, hoop, fyke, basket and trap).] It shall be unlawful:

(a) To use or operate, or attempt to use or operate, any dip net, hoop net, fyke net, basket or trap net, between the 15th day of April and the 1st day of June, both inclusive, of each year, except that dip nets may be used or operated for the catching of black fins, chubs, herring, long jaws and lake perch during the entire year.

(b) To use or operate, or attempt to use or operate, any dip net, hoop net, fyke net, basket or trap net, the meshes of which are less than one and one-half (12) inches square, except that dip nets may be used for the purpose of taking lake perch, the meshes of which are not less than one and one-quarter (14) inches square, and to take black fins, chubs, herring and long jaws, the meshes of which are not more nor less than one and one-quarter (1) inches square.

(c) To use or operate, or attempt to use or operate, any hoop or fyke net of more than two hundred (200) yards in length, or to set, place or use the same in such a manner as to obstruct more than one-half the width of any stream, river, lake, slough, bayou or other watercourse.

§ 15. NETS (gill and pound).] It shall be unlawful:

(a) To use or operate, or attempt to use or operate, gill or pound nets, for the purpose of taking or catching, or attempting to take or catch, lake trout or white fish, between the 1st day of November and the 1st day of December, both inclusive, of each year.

(b) To use or operate, or attempt to use or operate, gill or pound nets with meshes of less than two and one-quarter (24) inches square in taking or catching, or attempting to take or catch, lake trout or white fish; or of, either more or less than one and one-quarter (1) inches square in taking or catching, or attempting to take or catch, black fins, chubs, herring, long jaws or lake perch.

(c) To use or operate, or attempt to use or operate, pound nets, of more than two hundred (200) yards in length, or to set, place or use the same in such a manner as to obstruct more than one-half of the width of any stream, river, lake, slough, bayou, or other water

course.

(d) To set or lift gill or pound nets, except by the use of a tug, launch, sail boat or row boat.

§ 16. SEINES.] It shall be unlawful:

(a) To use or operate, or attempt to use or operate a seine between the 15th day of April and the 31st day of July, both inclusive, of each year.

(b) To use or operate, or attempt to use or operate, a seine, of more than 1,000 yards in length, or the meshes of which are less than two and one-half (22) inches square.

(c) To set, place or use a seine in such a manner as to obstruct more than one-half the width of any stream, river, lake, slough, bayou or other watercourse.

(d) To use or operate, or attempt to use or operate, a seine of more than two hundred (200) yards in length, without the use and operation of a back-stop, and in the use of such a seine and back-stop the seine shall not be drawn into waters of less than two (2) feet in depth.

(e) To use or operate, or attempt to use or operate, a seine of more than two hundred (200) yards in length, except under the personal supervision and control of an officer or employee of the department. Due notice shall be given the department or some one of its officers or employees of the time and place when a seine of more than two hundred (200) yards in length will be used or operated.

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