By Bob Paterson Illinois generally requires aquatic life to be taken by legal angling methods unless a statute or Department of Natural Resources rule specifically authorizes another method. Sport fishermen may use certain cast nets, dip nets, shad scoops, and minnow seines for specified species or to collect bait. Larger commercial fishing nets generally require commercial licenses and may be used only in designated waters.
What Does Illinois Law Say About Net Fishing?
Net fishing in Illinois is primarily regulated by the Fish and Aquatic Life Code, 515 ILCS 5, along with regulations issued by the Illinois Department of Natural Resources.
The general rule is that aquatic life must be taken by angling unless another method is specifically authorized.
This means recreational anglers cannot simply use a gill net, large seine, trammel net, or similar equipment as an alternative to a fishing rod.
Illinois does, however, expressly authorize certain limited recreational uses of nets. Cast nets, dip nets, shad scoops, and minnow seines can be legal when they meet size requirements and are used for species or purposes allowed by state law.
Can You Use a Cast Net in Illinois?
Yes, but its use is restricted.
A person with a valid Illinois sport fishing license may use a casting net to take certain species that can legally be used as bait.
Illinois limits a legal cast net to no more than 24 feet in diameter, with a mesh size no greater than 1 inch bar measurement.
Species such as certain carp, mooneye, goldeye, skipjack herring, and other approved bait species may be taken under applicable rules.
Some invasive carp species taken with a cast net must be killed immediately before they are used as bait.
Fish taken using these recreational netting methods cannot generally be sold or bartered.
Can You Use a Minnow Seine in Illinois?
Yes. Illinois allows legal-sized minnow seines for collecting bait.
A recreational minnow seine generally cannot be:
- More than 20 feet long
- More than 6 feet deep
- Made with mesh larger than ½ inch bar measurement
Minnow seines may be used to obtain approved minnows, shad, and crayfish for bait, subject to Illinois bait regulations.
There are also important restrictions on moving live aquatic bait between different bodies of water. Illinois attempts to prevent invasive species and aquatic diseases from spreading, so anglers should not assume that bait caught in one lake can legally be transported and released into another.
Can You Catch Fish With a Dip Net in Illinois?
Yes, but only certain species may ordinarily be taken recreationally with a dip net.
Illinois allows licensed sport fishermen to use dip nets to take species such as carp, buffalo, carpsuckers, and shad for personal consumption.
Recreational netting is also restricted near dams. Aquatic life cannot be taken with a dip net, casting net, or shad scoop within 100 feet of the base of a dam.
Using a dip net to land a fish that has already been legally caught on hook and line is different from intentionally using the net as the method of catching regulated game fish.
Taking game fish unlawfully with a dip net can result in penalties and confiscation of the equipment.
Can You Use Gill Nets in Illinois?
Gill nets are treated much more strictly.
Illinois classifies gill nets as commercial fishing devices. Commercial fishermen generally must hold both a commercial fishing license and a sport fishing license.
Even licensed commercial fishermen cannot use gill nets anywhere they choose.
Current Illinois regulations generally allow gill nets and trammel nets only in specifically authorized waters, including portions of the:
- Illinois River
- Mississippi River
- Ohio River
Use elsewhere generally requires special authorization from the Illinois Department of Natural Resources.
Mesh-size requirements and other restrictions also apply.
Therefore, an ordinary recreational angler should not use a gill net to catch fish in an Illinois lake or river simply because net fishing is permitted in some circumstances.
Are Seines Legal in Illinois?
Seines can be legal, but the rules depend on their purpose and size.
Small minnow seines may be used recreationally for obtaining bait within the limits established by Illinois regulations.
Larger seines are considered commercial fishing equipment when used to harvest protected aquatic life.
Commercial seine fishing is generally limited to designated waters such as portions of the Illinois, Mississippi, Ohio, and Wabash Rivers, unless a special permit authorizes use elsewhere.
Illinois also establishes detailed requirements concerning seine length, depth, mesh size, and operation.
A recreational bait seine and a large commercial fishing seine should therefore not be treated as the same type of equipment under Illinois law.
Do You Need a Fishing License to Use a Net?
Generally, yes.
Anyone taking or attempting to take fish or other regulated aquatic life from Illinois waters normally needs the appropriate fishing license unless a statutory exemption applies.
A sport fishing license is generally sufficient for the limited recreational netting methods specifically authorized by law.
If a person uses equipment legally classified as commercial fishing gear to harvest protected aquatic life, a commercial fishing license is generally required in addition to the sport fishing license.
Using commercial equipment without the appropriate license can result in violations even when the species itself could otherwise legally be harvested.
What Are the Penalties for Illegal Net Fishing?
Penalties depend on the particular violation.
Illinois law generally makes violating the prohibition against unauthorized methods of taking aquatic life a Class A misdemeanor.
The law also specifically provides that unlawfully taking game fish with a dip net without appropriate commercial authorization can be a petty offense carrying a minimum $100 fine, along with confiscation of illegally used equipment.
Other violations involving commercial fishing devices, illegal species, prohibited waters, license requirements, or protected fish can result in additional fines or enforcement action.
Frequently Asked Questions
Q1. Can you use a cast net for bait in Illinois?
Yes. Licensed anglers may use a legal-sized cast net to collect approved bait species, subject to species, size, and transportation restrictions.
Q2. Can you catch bass or other game fish with a net in Illinois?
Generally no for ordinary recreational fishing. Netting methods are authorized only for specific species and purposes. Game fish normally must be taken by lawful angling methods unless a specific exception applies.
Q3. Is gill-net fishing legal in Illinois?
Only under tightly regulated commercial fishing rules. Gill nets are commercial fishing devices and may generally be used only by properly licensed commercial fishermen in specifically authorized waters.
Q4. Can you use a minnow seine in Illinois?
Yes. A legal recreational minnow seine may generally be used to collect approved bait species, provided it meets Illinois size and mesh requirements and all bait regulations are followed.