Section 1080.40  Final Review

a)         The Department's Office of Resource Conservation shall coordinate and perform the review of the conservation plan and issue the incidental take authorization pursuant to this Part.  The Department shall complete its review of the conservation plan within 120 days after the first publication of the notice required in Section 1080.20(b).  After reviewing the conservation plan, the Department may authorize the incidental taking if the Department finds that the taking will meet all of the following requirements:

1)         the taking will not be the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity;

2)         the parties to the conservation plan will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking;

3)         the parties to the conservation plan will ensure that adequate funding for the conservation plan will be provided as described in Section 1080.10(a)(2)(F);

4)         based on the best available scientific data, the Department has determined that the taking will not reduce the likelihood of the survival of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois;

5)         any additional measures, based upon the life history needs of the species involved,  that the Department may require as necessary or appropriate for the purposes of the conservation plan will be performed;

6)         the public has received notice of the availability of the conservation plan and has had the opportunity to comment before the Department made any decision regarding the authorization of incidental take; and

7)         the Department has sought the advice of  the Board and provided written response to any Board comments regarding the issuance of authorization for incidental taking and on the terms of any authorization to be issued.

b)         If the Department finds that the conservation plan does not meet the above requirements, the Department may require that a party to the conservation plan make additional assurances or agree to additional terms and conditions that the Department finds necessary to assure that the requirements in subsections (a)(1) through (a)(6) will be met before authorizing incidental taking. Requirements for inclusion of additional assurances in a conservation plan shall be based on the life history needs of the species involved.  The Department shall deny an authorization for incidental taking if the conservation plan does not meet the requirements of subsection (a) and the applicant refuses to accept the additional terms and conditions or refuses to make additional assurances determined necessary by the Department.