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91_HB1825enr
HB1825 Enrolled LRB9103223DHmg
1 AN ACT to amend the Illinois Endangered Species
2 Protection Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Endangered Species Protection
6 Act is amended by adding Section 5.5 and changing Section 11
7 as follows:
8 (520 ILCS 10/5.5 new)
9 Sec. 5.5. Incidental taking.
10 (a) The Department may authorize, under prescribed terms
11 and conditions, any taking otherwise prohibited by Section 3
12 if that taking is incidental to, and not the purpose of, the
13 carrying out of an otherwise lawful activity. No taking
14 under this Section shall be authorized by the Department
15 unless the applicant submits to the Department a conservation
16 plan.
17 (b) The conservation plan shall include but not be
18 limited to the following:
19 (1) a description of the impact that the proposed
20 taking is likely to have on one or more species on the
21 Illinois list;
22 (2) the steps the applicant or other parties will
23 take to minimize and mitigate that impact and the funding
24 that will be available to implement those steps,
25 including but not limited to bonds, insurance, or escrow;
26 (3) what alternative actions to the taking the
27 applicant considered and the reasons why those
28 alternatives will not be used;
29 (4) data and information to assure that the
30 proposed taking will not reduce the likelihood of the
31 survival or recovery of the endangered species or
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1 threatened species in the wild within the State of
2 Illinois, the biotic community of which the species is a
3 part, or the habitat essential to the species' existence
4 in Illinois;
5 (5) an implementing agreement that specifically
6 names, and describes the obligations and responsibilities
7 of, all the parties that will be involved in the taking
8 as authorized by the permit; and
9 (6) any other measures that the Department may
10 require as being necessary or appropriate for purposes of
11 the plan.
12 (c) After reviewing the application for incidental
13 taking and the conservation plan, the Department may
14 authorize the incidental taking if the Department finds, in a
15 written decision explaining its conclusions, that the taking
16 will meet all of the following requirements:
17 (1) the taking will not be the purpose of, but will
18 be only incidental to, the carrying out of an otherwise
19 lawful activity;
20 (2) the parties to the conservation plan will, to
21 the maximum extent practicable, minimize and mitigate the
22 impact caused by the taking;
23 (3) the parties to the conservation plan will
24 ensure that adequate funding for the conservation plan
25 will be provided;
26 (4) based on the best available scientific data,
27 the Department has determined that the taking will not
28 reduce the likelihood of the survival or recovery of the
29 endangered species or threatened species in the wild
30 within the State of Illinois, the biotic community of
31 which the species is a part, or the habitat essential to
32 the species' existence in Illinois;
33 (5) any measures required under paragraph (6) of
34 subsection (b) of this Section will be performed; and
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1 (6) the public has received notice of the
2 application and has had the opportunity to comment before
3 the Department made any decision regarding the
4 application.
5 (d) The Department may require that a party to the
6 conservation plan make additional assurances that the
7 requirements under items (b)(1) through (b)(6) of this
8 Section will be met before authorizing incidental taking.
9 (e) The Department shall impose on the authorization for
10 incidental taking any terms or conditions that the Department
11 finds necessary to ensure that the requirements under items
12 (b)(1) through (b)(6) of this Section will be met. These
13 terms or conditions may include but are not limited to
14 reporting or monitoring requirements.
15 (f) If an applicant is party to a Habitat Conservation
16 Plan approved by the U.S. Fish and Wildlife Service pursuant
17 to Section 10 of the Endangered Species Act of 1973, P.L.
18 93-205, and amendments thereto, the Department may authorize
19 taking that is incidental to the carrying out of an otherwise
20 lawful activity. Authorization shall be issued only if the
21 provisions of the Habitat Conservation Plan are found to meet
22 the requirements set forth in subsection (c) of this Section.
23 (g) If an applicant has been authorized to take an
24 endangered or threatened species under the terms of a
25 biological opinion issued by the U.S. Fish and Wildlife
26 Service pursuant to Section 7 of the Endangered Species Act
27 of 1973, P.L. 93-205, and amendments thereto or regulations
28 implementing Section 7 (50 CFR Part 402), the Department may
29 authorize taking that is incidental to the carrying out of an
30 otherwise lawful activity. Authorization shall be issued
31 only if the Department finds that the taking will not reduce
32 the likelihood of the survival or recovery of the endangered
33 species or threatened species in the wild within the State of
34 Illinois, the biotic community of which the species is a
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1 part, or the habitat essential to the species' existence in
2 Illinois.
3 (520 ILCS 10/11) (from Ch. 8, par. 341)
4 Sec. 11. Conservation program; public policy; rules.
5 (a) The Department, with the advice of the Board, shall
6 actively plan and implement a program for the conservation of
7 endangered and threatened species, by means which should
8 include published data search, research, management,
9 cooperative agreements with other agencies, identification,
10 protection and acquisition of essential habitat, support of
11 beneficial legislation, issuance of grants from appropriated
12 funds, and education of the public.
13 (b) It is the public policy of all agencies of State and
14 local governments to utilize their authorities in furtherance
15 of the purposes of this Act by evaluating through a
16 consultation process with the Department whether actions
17 authorized, funded, or carried out by them are likely to
18 jeopardize the continued existence of Illinois listed
19 endangered and threatened species or are likely to result in
20 the destruction or adverse modification of the designated
21 essential habitat of such species, which policy shall be
22 enforceable only by writ of mandamus; and where a State or
23 local agency does so consult in furtherance of this public
24 policy, such State or local agency shall be deemed to have
25 complied with its obligations under the "Illinois Endangered
26 Species Act", provided the agency action shall not result in
27 the killing or injuring of any Illinois listed animal species
28 , or provided that authorization for taking a listed species
29 has been issued under Section 4, 5, or 5.5 of this Act.
30 This paragraph (b) shall not apply to any project of a State
31 agency on which a biological opinion has been issued (in
32 accordance with Section 7 of the Federal Endangered Species
33 Act) prior to the effective date of this amendatory Act of
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1 1985 stating that the action proposed by said project will
2 not jeopardize the continued existence of any federal listed
3 endangered or threatened species.
4 (c) The Department shall have the authority to adopt
5 such rules as are reasonable and necessary to implement the
6 provisions of this Act.
7 (Source: P.A. 84-1065.)
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