a) Generally Applicable Provisions;
Exemptions
1) Triploid Grass Carp
Triploid grass carp under 4 inches in length cannot be shipped,
transported or stocked at any time and may be possessed only by authorized
aquaculture permit holders.
2) For the purposes of this Section, a
shipment is defined as one load of fish; for example, 3 truckloads of fish
being transported in convoy would be 3 shipments.
3) Landowner Exemption
A) Landowners South of I-80
i) Pre-Order from Retail Outlet
If the triploid grass carp are listed on a Restricted Species
Transportation Permit (RSTP) issued to the Illinois aquaculturist or Illinois
licensed aquatic life dealer that supplied the triploid grass carp to the
entity from which the landowner pre-ordered the fish, the landowner is exempt
from the RSTP requirement while transporting those fish for stocking in his or
her wholly owned waters south of I-80. During the transport, the landowner must
have available the receipt from the entity from which the landowner purchased
the fish. The exemption applies only during the first 24 hours after the
purchase.
ii) Purchase
Over-the-Counter
Lake or pond owners purchasing no more than 20 triploid grass
carp over-the-counter are exempt from the RSTP requirement while transporting
triploid grass carp purchased and obtained in Illinois for stocking in their
wholly owned waters south of I-80, as long as they have a receipt from an
aquaculturist selling over-the-counter in Illinois. (See subsection (c).)
During the transport, the landowner must have available the receipt from the
entity from which the landowner purchased the fish. The exemption applies only
during the first 24 hours after the purchase.
B) Landowners North of I-80 - Pre-Order from
Retail Outlet
Those landowners wanting to stock wholly owned lakes/ponds
north of I-80 with triploid grass carp must procure those fish through an
Illinois aquaculturist or Illinois licensed aquatic life dealer who holds an
RSTP authorizing transport and stocking of those fish. (See subsection (c).)
During transport of those fish by the landowner to his or her wholly owned
lake/pond, the landowner is exempt from the RSTP requirement, but must have
available the receipt from the entity from which the landowner purchased the
fish. The exemption applies only during the first 24 hours after the
purchase.
b) Fish Importers, Aquaculturists and
Commercial Fishermen
An RSTP is required for live grass carp, black carp, bighead
carp, silver carp, tilapia (Oreochromis species) or any hybrid of these
species, or any other species not on the Approved List, including commercial
fishermen that are holding Asian carp in a crib for later transport or that are
transporting directly to a rendering facility for slaughter (with restrictions
(see Section 870.50(b))).
RSTPs are available from the Aquaculture Specialist at the address in Section
870.10(c).
Applications must be received by the Program at least two weeks prior to the
proposed shipment date. IDNR will evaluate the potential for escapement into
glacial lakes, sloughs, potholes, bottom land, backwater lakes, streams,
rivers, water areas known to harbor animals or plants on the national or
Illinois threatened or endangered species list, natural areas or nature
preserves, or wetlands. An RSTP shall be required for each shipment, except
that extended permits covering regular periodic deliveries may be granted by
the Department, pursuant to Section 10-105 of the Code. An RSTP is valid
only:
1) on the dates listed on the
permit; and
2) for names and
addresses listed for delivery on the application/permit.
c) Aquaculturists Selling Certified Triploid
Grass Carp Over-the-Counter The receipt issued by an aquaculturist in an
over-the-counter sale shall contain:
1)
Accession number of USFWS certifying triploid status of grass carp.
2) Total number of fish sold. (Total amount
in any one sale shall not exceed 20 individuals.)
3) Name, address and driver's or fishing
license number of the buyer and the location of the wholly owned waterbody
where stocking will occur. The signature of the buyer is confirmation that this
information is true and accurate, the lake/pond is south of I-80, and the fish
purchased will only be released in the identified lake/pond. Township/range,
latitude and longitude, or equivalent is acceptable to identify the lake/pond
location.
4) Name, address and
aquaculture license number of seller. The signature of the seller is required
to confirm information such as the buyer's license number and fish count and
certification information.
5)
Transaction date and time. (The landowner exemption from an RSTP is only for 24
hours after purchase. No more than 20 triploid grass carp may be carried in any
vehicle/fish hauler at any one time under this exemption.)
6) The transaction documents must clearly
state:
A) that the transaction involves the
sale of triploid grass carp;
B) the
number of fish sold;
C) where the
fish are to be transported; and
D)
the average length of the fish in each batch of fish sold.
c) For the purposes of
this Section, a shipment is defined as one load of fish; for example, 3
truckloads of fish being transported in convoy would be 3 shipments.
d) Fish Importers and Aquaculturists
AnyExcept for persons exempt under Section
870.60(b), any
person hauling any live triploid grass carp must subject the shipment to
examination by IDNR. Except for persons exempt under subsection (a)(3), batches
For a batch of fish subject to testing and containing more than 56 individuals
will have 56 fish will be tested; for a batch containing fewer than 56
individuals, 100% will be tested.
e) Commercial Fishermen
1) Commercial fishermen shall be allowed to
harvest from the wild and transport to a State-licensed wholesale aquatic life
dealer bighead carp, silver carp, grass carp and black carp, providing either
of the following criteria are met:
A) the fish
are dead. Transportation of dead fish is allowed if:
i) the fish are packed on ice only while
directly en route to a fish market or processor (addition of water to iced and
packed fish is not permitted);
ii)
the packed fish are dry (in box, barrel, crate, etc.) while directly en route
to a fish market or processor;
iii)
the isthmus has been severed;
iv)
the gills have been removed; or
v)
the fish have been eviscerated.
B) the fish are not transported in an aerated
live tank or in any other manner intended to maintain the fish alive unless
commercial fisherman first obtains an RSTP. An RSTP can be obtained by applying
to the Aquaculture Specialist at the address in Section
870.10(c).
2) With a Department approved
RSTP, commercial fishermen are allowed to:
A)
transport live grass carp to a State-licensed slaughter facility or equivalent
outside the State of Illinois, provided this facility is not located in the
counties of Will, Cook or Lake and that the fish are processed or stored on ice
immediately upon arrival at the facility; and
B) transport live bighead carp, silver carp,
grass carp and black carp directly to a crib (net pen) or State-licensed
slaughter facility, provided that the fish are transported no more than a 15
mile radius to or from a crib or facility, or as otherwise designated on the
RSTP, and that the fish are processed or stored on ice immediately upon arrival
at the slaughter facility.
3) Asian carp may be held live in a crib (net
pen) provided that:
A) they are cribbed in
the waters where caught (within a 15 mile radius of the crib) and not
transported upstream of a lock and dam or other barrier;
B) they are removed within 72
hours;
C) they are killed by one of
the methods specified in subsection (e)(1)(C), (D) or (E) immediately upon
removal from the crib; and
D) all
other regulations pertaining to commercial fishing and commercial fishing
devices are followed.
