Ill. Admin. Code tit. 17 § 830.90

Current through Register Vol. 48, No. 45, November 8, 2024

Section 830.90 - Revocation and Suspension of Commercial Fishing and Musseling Privileges, Hearings and Appeals and Reporting Requirements

a) In accordance with Section 20-105 of the Fish and Aquatic Life Code [515 ILCS 5/20-105] , failure to comply with the provisions of the Fish and Aquatic Life Code of Illinois pertaining to commercial fishing and/or musseling in Illinois waters and this Part will result in suspension or revocation of the commercial fishing and/or musseling licenses. The procedure by which suspensions and revocations are made, the rights of commercial fishermen and musselers to notice and hearing, and the procedures governing such hearings are set forth in 17 Ill. Adm. Code 2530 (Revocation Procedures for Conservation Offenses).

b) Where waters of the State are open to commercial fishing or musseling by contract, the contract will be revoked upon failure of the contractor to comply with all terms of the contract. Furthermore, any violation of a contract issued by the Director of the Department of Natural Resources or the Director's agents shall be considered a violation of this Part and subject to the penalties as set forth in Sections 20-35 and 20-105 of the Fish and Aquatic Life Code.

c) Commercial fishermen shall submit an accurate annual record of the undressed weights of the species of fish and/or crayfish harvested to the Department by January 31 of the following year, whether or not any fish and/or crayfish were harvested. Commercial fishermen shall keep an accurate record of their catch. This record, showing the species, number of pounds of fish, type of device used, location taken and date of harvest, shall be open for inspection by employees of the Department at all times and retained for a period of 2 years after submission of all associated reports.

d) Commercial fishermen on the Ohio River shall submit to the Department an accurate monthly record of the undressed weights and species of fish harvested by the 10^th of each month following harvest, whether or not any fish were harvested.

e) Commercial roe harvesters shall submit an accurate monthly record containing the following information: the undressed weight of roe-bearing species, the unprocessed weight of roe from these fishes, and the name, address and date of sale to whom the roe was sold or given. This information shall be submitted to the Department by the 5^th of the month following harvest. Submission of these reports is required whether or not roe-bearing species were harvested.

f) Commercial roe dealers shall submit to the Department by the 5^th of the month following harvest an accurate record containing the unprocessed and processed weights of roe purchased, the date of transaction and the name, address and license number of the commercial roe harvesters. These reports are required whether or not roe was purchased.

g) Holders of a commercial mussel harvest license shall submit an accurate record of the types and pounds of each species of mussel and/or relic mussel shells harvested or purchased on a monthly basis during the season by the 10^th of each month following harvest, whether or not any mussels or mussel shells were harvested. Reports must be submitted on official Department of Natural Resources report forms.

h) Holders of a commercial mussel dealers license shall submit an accurate record of the types and pounds of each species of mussel and/or relic mussel shells purchased on a monthly basis during the season by the 10^th of each month following purchase, whether or not any mussels or mussel shells were purchased. Reports must be submitted on official Department of Natural Resources report forms.

i) Failure of licensed commercial mussel dealers, fishermen or musselers to submit the required reports in a manner and timeframe specified by the Department is a petty offense subject to the penalties set forth in Section 20-35 of the Code and shall be grounds for the Department to refuse to issue any license under this Part.

Ill. Admin. Code tit. 17, § 830.90

Amended at 34 Ill. Reg. 2938, effective February 19, 2010

Amended at 39 Ill. Reg. 11034, effective 7/22/2015