Ill. Admin. Code tit. 17, § 870.80 - Exceptions
a) Except as
otherwise provided in subsection (b), this Part does not apply to:
1) aquarists/hobbyists (e.g., keepers of any
non-injurious aquatic life, including carp (koi) and goldfish (not including
amphibians or reptiles), within home aquaria, private water gardens and
aquascapes), as long as the aquatic life are not offered for sale, trade or
barter and the aquarist/hobbyist activity does not violate other aquatic life
regulations (e.g., 17 Ill. Adm. Code 875);
2) the aquarium industry (those businesses
regulated and licensed by the Department of Agriculture under the Animal
Welfare Act [225 ILCS 605 ]); or
3)
State agencies or universities.
b) Exceptions from Subsection (a)
1) The exemption in subsection (a) does not
apply to any injurious species, as described in 17 Ill. Adm. Code
805.
2) The exemption in subsection
(a) does not apply to any VHS-susceptible species or any wild caught aquatic
life coming from affected regions without Fish Health Certificates (FHC) and
Department approval.
3) The
entities cited in subsection (a) are exempt as long as the excepted activity
operates in a manner that will prevent escape of aquatic life into the waters
standing on or flowing over the soil of the State of Illinois.
Notes
Amended at 27 Ill. Reg. 7741, effective April 21, 2003
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