Sidebilder
PDF
ePub

published in each of the counties in which such waters are located. If there be no newspaper published in such county, then the publication shall be made in like manner and for a like period in a county nearest to such waters, wherein a newspaper is being published.

Any person taking, catching or killing, or attempting to take, catch or kill, any fish with any device or by any method, except hooks and line in any waters, set apart under the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be sentenced, for the first offense, to pay a fine of not less than fifty ($50) dollars, nor more than one hundred ($100) dollars, and for the second offense shall be fined not less than one hundred ($100) dollars nor more than two hundrd ($200) dollars; and in either case shall stand committed to the county jail, there to remain until such fine and costs are fully paid: Provided, that the commission shall have the power to issue permits as they see fit, to take from such waters with seine or other device, such rough fish as they may designate: Provided, further, that it shall be unlawful to catch or take at any time with any device any fish within one hundred (100) feet from any dam across any stream.

It shall be the duty of the commission to select suitable locations for State fish hatching and breeding establishments, take all measures within their means for the propagation and increase of the native food fishes and also for the introduction of new varieties of food fishes into the waters of the State and upon the best terms possible to employ a practical and competent fish culturist who shall perform all such duties as the commission shall direct.

§ 27. Any person who shall at any time alter or change in any material manner, or loan or transfer to another any license issued as aforesaid, then he shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) or by imprisonment in the county jail not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment in the discretion of the court.

§ 34. Fish of legal size and weight, may be caught, taken, or killed with hook and line, and with rod and reel, running line, or artificial bait or lure, at any time. Frogs of more than one-quarter of a pound shall not be caught, taken, or killed within the jurisdiction of this State by any means whatsoever, during the months of May and June of each year.

§ 35. It shall be lawful to catch and take all kinds of fish, except black bass, pike, pickerel, pike perch (commonly known as jack or yellow salmon), white fish, trout, chubs, long jaws, black fins, lake perch and herring, with hoop or fyke nets, dip nets or baskets, the meshes of which are not less than one and one-half inches square between the first day of July of any year and the 15th day of April of the next succeeding year or with seines the meshes of which are not less than one and one-half inches square between the first day of September and the 15th day of April of the next succeeding year.

§ 36. White fish and trout may be caught and taken only with gill nets and with pound nets, the meshes of which are not less than two and one-quarter inches square, between the first day of December of any year and the first day of November of the next succeeding year.

Only chubs, long jaws, black fins and herring may be caught and taken with gill nets, dip nets, and with pound nets, the meshes of which are not less than one and one-quarter inches square: Provided that lake perch may be caught and taken with gill nets, dip nets and pound nets, the meshes of which are not less than one and one-sixteenth (1 1-16) inches square: Provided, further, that it can be shown that not over ten per cent of the entire catch taken in such nets at any one lift shall consist of trout of a less weight than one and one-quarter pounds, dressed, each, and provided that such trout so caught or taken may be sold at, but shall not be shipped from the place where such trout were caught or taken.

§ 37. It shall be lawful to catch or take minnows, for bait only, by the use of minnow seines or traps, the meshes of which shall not be less than one quarter of an inch square, nor shall the length of any minnow seine be more than twenty feet (20): Provided, however, that any person so fishing for minnows for bait in the manner prescribed, shall at once return to the water uninjured all fish of whatever size or length, except such as are commonly known as minnows.

It shall also be lawful to catch and take minnows for bait in the manner prescribed in this section in any water or waters set aside as State fish preserves in accordance with the provisions of section 25 of this Act.

§ 39. No hoop or fyke net, or pound net shall be more than two hundred (200) yards in length, and seines not more than one thousand (1,000) yards in length, or shall be set, placed or used by any person or persons in such manner as to obstruct more than one-half of the width of any stream, river, lake, slough, bayou, or other water course within the jurisdiction of this State. All gill nets and pound nets shall be set and lifted only by the use of a tug, launch, sail boat or row boat licensed as herein provided.

§ 40. Every person who shall at any time catch, take or kill, or attempt to take, catch or kill, any fish in any of the rivers, lakes, ponds, creeks, streams, canals, sloughs, bayous or other waters or water courses wholly or in part within the jurisdiction of this State by the use of lime, acid, medical, chemical or mechanical compound or dope of any medicated drug or any cocculus inducus or fish berry, or any dynamite, or giant powder, nitro-glycerine or other explosive, upon conviction shall be fined not less than one thousand ($1,000) dollars, nor more than two thousand ($2,000) dollars or punished by imprisonment for one year in the penitentiary, or by both fine and imprisonment, at the discretion of the court.

§ 40b. Every person who shall at any time catch, take or kill, or attempt to catch, take or kill any fish in any of the rivers, lakes, ponds, creeks, streams, canals, sloughs, bayous or other waters or water-courses wholly or in part within the jurisdiction of this State, by the use of any kind of fire arms, or by the use of jack or artificial light of any kind, or with snare spear, gig graines, or trammel nets, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten ($10) dollars, nor more than twenty-five ($25) dollars, and shall stand committed to the county jail until such fine be paid: Provided, that such imprisonment shall not exceed ten (10) days

Nothing in this section shall be construed to forbid the use of an ordinary lamp or lantern strictly for illuminating purposes and not for the purpose of "shining," luring or attracting fish.

It shall be unlawful for any person to catch, take or kill, in any manner or by any means whatsoever, any fish in, upon or from any water in any quarry, quarry hole, natural or artificial lake, fish pond or reservoir, or other artificial or natural depression upon the premises of any other person within the jurisdiction of this State, without the consent of the owner or person in charge thereof.

§ 41. It shall be unlawful to catch, take or kill by any means or device whatsoever, except by pole and line, or to sell or offer for sale, or have in possession any of the following named fish mentioned below which are less than the length mentioned for each:

Black bass, ten inches.

Pike or pickerel, eighteen inches.

White or striped bass, eight inches.
Rock bass, six inches.

Crappie, eight inches.

Yellow or ringed perch, seven inches.

Pike perch or wall-eyed pike, thirteen inches.

Provided that if any such under-sized fish is taken in any manner except by pole and line, the person taking it shall immediately return it to the waters from which it was taken, without unnecessary injury to such fish.

Provided, further, that it shall be unlawful at any time to sell, offer for sale or expose for sale or have in possession for the purpose of selling any black bass, pike, pickerel or pike perch (commonly known. as wall eyed pike, jack or yellow salmon), caught, taken or killed in waters within the jurisdiction of this State.

Provided, further, that after January 1, 1916, it shall be unlawful at any time to sell, offer or expose for sale or have in possession for the purpose of selling any black bass, whether caught or taken within or without this State: And, provided, also, that black bass, pike, pickerel and pike perch (commonly known as wall eyed pike, jack or yellow salmon), may be caught, taken or killed with hook and line only.

§ 42. It shall be unlawful to catch, take or kill by any means or device whatsoever, or to sell or offer for sale, or have in possession (unless caught with hook and line) any of the following named fish below which are less than the weight or length mentioned for each: Lake perch, seven inches.

Buffalo, eighteen inches.

German carp, fifteen inches.

Sunfish, four inches.

Blue or channel catfish, thirteen inches.

Lake trout, one and one-quarter pounds dressed.

Whitefish, one and one-quarter pounds dressed.

White perch, ten inches.

Bullhead cat, seven inches.

Turtle or terrapin, seven inch shell.

§ 42a. The possession by any person of any fish under the size or weight prescribed in this Act, except as hereinbefore provided for, shall be prima facie evidence that such fish were the property of the State of Illinois, at the time they were caught, taken and killed, and such fish were caught, taken and killed in this State. Any person receiving in due course of business any fish less than the weight or size prescribed in this Act, shall immediately upon receipt of such fish, notify the commission, a warden or deputy warden of such fact. Upon receipt of such notice it shall be the duty of the commission, the warden or deputy warden, as the case may be, to seize same and donate such fish to some public or charitable institution.

For the purpose of this Act the length of each fish herein mentioned shall be construed to be the length of the entire fish from the extreme tip of the snout to the extreme end of the tail fin, and the length of turtle or terrapin to be from and to the extreme ends of the upper shell.

43. It shall be unlawful at any time to transport, or ship any black bass, pike, pickerel, or pike perch (commonly known as wall-eyed pike, jack or yellow salmon, caught in waters under the jurisdiction of this State: Provided, That any person may carry with him, or transport as baggage, on any train or conveyance for which he has purchased a transportation ticket, one package and no more, at any time, and during any one day, containing not more than twenty-five black bass, pike, pickerel and pike perch (commonly known as wall-eyed pike, jack or yellow salmon), legally caught and taken in the waters under the jurisdiction of this State: Provided, That such package, when offered as baggage, shall be plainly labeled so as to show the name of the person offering the same for transportation, the place to which it is to be transported and the number of fish of each kind contained. therein, and the number of the license of the person offering such fish for transportation, if any such license is required.

§ 44. It shall be unlawful to sell or ship, offer for sale or shipment, or receive for shipment, from and including the fifteenth day of April to and including the first day of July of each year, any fish or frogs more than one-quarter of a pound in weight caught in any of the waters under the jurisdiction of this State: Provided, that white fish, trout, long jaws, chubs, black fins, herring and lake perch of lawful size may be sold or shipped, offered for sale or shipment, or received for shipment, at any time: Provided, further, that black bass, pickerel, pike or pike perch (commonly known as wall-eyed pike, jack or yellow salmon), lawfully caught in waters under the jurisdiction of this State may be lawfully transported as baggage and as provided in section 43: Provided, further, that there shall be allowed five days after close of the fishing season to dispose of or to ship all fish legally caught and taken previous to the close of the fishing season.

§ 48. All fish and game caught, taken, killed, shipped or had in possession or under control contrary to any of the provisions of this Act are hereby declared to be contraband, and it shall be the duty of the commission to seize and dispose of any and all fish and game shipped or had in possession by any person in violation of this Act.

§ 51. The word "person" when used in this Act shall include any individual, company, partnership, association, corporation or any agent or employee thereof. The term "objectional fish" as used in this Act shall be construed to mean the following: Gar and hickory shad.

§ 55. It shall be unlawful to take, catch or kill mussels for commercial purposes without a license issued by this State. Such license shall be procured from any county, city or village clerk in the manner prescribed in section 21 for procuring a license to hunt or kill game. On making application for such license, residents of this State shall pay a fee of one dollar with a notary fee of twenty-five cents, and nonresidents shall pay a fee of twenty-five dollars, with a notary fee of fifty cents, and for authority to use a dredge, a fee of twenty-five dollars in addition to the fee fixed for a resident or non-resident license. All such licenses shall be valid only from the 15th day of April to the 30th day of November of each year, both dates inclusive. Licenses shall be consecutively numbered as issued and a record shall be kept thereof in the office of the commission. Such license shall state whether it is a resident or non-resident license, whether the licensee is authorized to use a dredge, and the amount paid for the license. Said license shall also state what waters have been closed to the capture of mussels.

Every person, while taking, catching or killing mussels for commercial purposes, shall have his license with him ready for exhibition. and shall exhibit the same when requested to do so by an authorized officer.

Any person, firm or corporation to whom a license under the provisions of this section has been issued may operate not more than one boat in taking, catching or killing mussels for commercial purposes. Any such person, firm or corporation may use one additional boat for purposes of towing only when no apparatus for taking, catching or killing mussels is used or kept thereon.

It shall be unlawful to have in possession on the waters while engaged in taking, catching, or killing mussels for commercial purposes more than two crow-foot bars, or more than one dredge, or to use or have in possession a crow-foot bar of greater length than sixteen feet, or a dredge the length of the opening of which is more than three feet, or to have in possession on the waters while engaged in taking, catching or killing clams, a dredge without licensed authority therefor.

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of twenty-five dollars, or by imprisonment in the county jail not less than twenty days.

§ 56. It shall be unlawful to take, catch or kill, offer for sale or have in possession for commercial purposes, any mussel of a size less than two inches in greatest dimension, except mussels taken in the ordinary course of clamming for larger mussels, and such undersized mussels shall be immediately culled and returned to the water whence taken without avoidable injury.

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of fifty dollars or by imprisonment in the county jail not less than thirty days.

« ForrigeFortsett »