Ill. Admin. Code tit. 17 § 850.80

Current through Register Vol. 48, No. 43, October 25, 2024

Section 850.80 - Suspension or Revocation

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 23/4 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.

b) Violations of any other provisions of this Part or the Illinois Fish and Aquatic Life Code pertaining to commercial fishing on Lake Michigan may also result in suspension or revocation of the Lake Michigan commercial fishing license.

c) An act or omission which constitutes a violation under this Part committed by an officer, employee or agent of a corporation shall be deemed the act or omission of the corporation, and the employee, agent, officers and shareholders may be suspended from engaging in Lake Michigan Commercial Fishing or owning any part of or being employed by such corporation for a period not to exceed five years, in addition to the suspension or revocation of the Lake Michigan Commercial Fishing License.

d) In the event of a license suspension, the suspended licensee shall not be permitted to apply for a Lake Michigan commercial fishing license until the period of suspension has expired. In the event of a revoked license, the revoked licensee shall forfeit his license and shall have his name deleted from the list of eligible candidates. Revoked licensees shall not be permitted to apply for a Lake Michigan commercial fishing license until the period of revocation has expired. Revoked licensees making reapplication for a license shall be subject to all licensing provisions at the time of reapplication and shall have their name added to the current list of eligible candidates according to the lottery procedures as described in Section 850.40(b).

e) The procedure by which suspensions and revocations are made; the rights of licensees to notice and hearing; and the procedures governing such hearings are set forth in 17 Ill. Adm. Code 2530 (Rules Governing Department Formal Hearings Conducted for Rule-Making and Contested Cases).

Ill. Admin. Code tit. 17, § 850.80

Amended at 21 Ill. Reg. 5553, effective April 19, 1997