Full Text of HB5293 100th General Assembly
HB5293eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Endangered Species Protection Act | 5 | | is amended by changing Sections 5.5, 6, and 7 and by adding | 6 | | Section 5.6 as follows:
| 7 | | (520 ILCS 10/5.5)
| 8 | | Sec. 5.5. Incidental taking.
| 9 | | (a) The Department may authorize, under prescribed terms | 10 | | and conditions, any
taking otherwise prohibited by Section 3 if | 11 | | that taking is incidental to,
and not the purpose of, the | 12 | | carrying out of an otherwise lawful activity. No
taking under | 13 | | this Section shall be authorized by the Department unless the
| 14 | | applicant submits to the Department a conservation plan.
| 15 | | (b) The conservation plan shall include but not be limited | 16 | | to the following:
| 17 | | (1) a description of the impact that the proposed | 18 | | taking is likely to have
on one or more species on the | 19 | | Illinois list;
| 20 | | (2) the steps the applicant or other parties will take | 21 | | to minimize and
mitigate that impact and the funding that | 22 | | will be available to implement those
steps, including but | 23 | | not limited to bonds, insurance, or escrow;
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| 1 | | (3) what alternative actions to the taking the | 2 | | applicant considered and
the reasons why those | 3 | | alternatives will not be used;
| 4 | | (4) data and information to assure that the proposed | 5 | | taking will not
reduce the likelihood of the survival or | 6 | | recovery of the endangered species or
threatened species in | 7 | | the wild within the State of Illinois, the biotic
community | 8 | | of which the species is a part, or the habitat essential to | 9 | | the
species' existence in Illinois;
| 10 | | (5) an implementing agreement that specifically names, | 11 | | and describes the
obligations and responsibilities of, all | 12 | | the parties that will be involved in
the taking as | 13 | | authorized by the permit; and
| 14 | | (6) any other measures that the Department may require | 15 | | as being necessary
or appropriate for purposes of the plan.
| 16 | | (c) After reviewing the application for incidental taking | 17 | | and the
conservation plan, the Department may authorize the | 18 | | incidental taking if the
Department finds, in a written | 19 | | decision explaining its conclusions,
that the taking will meet | 20 | | all of the following requirements:
| 21 | | (1) the taking will not be the purpose of, but will be | 22 | | only incidental to,
the carrying out of an otherwise lawful | 23 | | activity;
| 24 | | (2) the parties to the conservation plan will, to the | 25 | | maximum extent
practicable, minimize and mitigate the | 26 | | impact caused by the taking;
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| 1 | | (3) the parties to the conservation plan will ensure | 2 | | that adequate funding
for the conservation plan will be | 3 | | provided;
| 4 | | (4) based on the best available scientific data, the | 5 | | Department has
determined that the taking will not reduce | 6 | | the likelihood of the survival or
recovery
of the | 7 | | endangered species or threatened species in the wild within | 8 | | the State of
Illinois, the biotic community of which the | 9 | | species is a part, or the habitat
essential to the species' | 10 | | existence in Illinois;
| 11 | | (5) any measures required under paragraph (6) of
| 12 | | subsection (b) of
this Section will be
performed; and
| 13 | | (6) the public has received notice of the application | 14 | | and has had the
opportunity to comment before the | 15 | | Department made any decision regarding
the application.
| 16 | | (d) The Department may require that a party to the | 17 | | conservation plan make
additional assurances that the | 18 | | requirements under items (b)(1) through
(b)(6) of this Section | 19 | | will be met before authorizing incidental taking.
| 20 | | (e) The Department shall impose on the authorization for | 21 | | incidental taking
any terms or conditions that the Department | 22 | | finds necessary to ensure that the
requirements under items | 23 | | (b)(1) through (b)(6) of this Section will be
met. These terms | 24 | | or conditions may include but are not limited to reporting or
| 25 | | monitoring requirements.
| 26 | | (f) (Blank). If an applicant is party to a Habitat |
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| 1 | | Conservation Plan approved by the
U.S. Fish and Wildlife | 2 | | Service pursuant to Section 10 of the Endangered Species
Act of | 3 | | 1973, P.L. 93-205, and amendments thereto, the Department may | 4 | | authorize
taking that is incidental to the carrying out of an | 5 | | otherwise lawful activity.
Authorization shall be issued only | 6 | | if the provisions of the Habitat
Conservation Plan are found to | 7 | | meet the requirements set forth in subsection
(c) of this | 8 | | Section.
| 9 | | (g) If an applicant has been authorized to take an | 10 | | endangered or threatened
species under the terms of a | 11 | | biological opinion issued by the U.S. Fish and
Wildlife Service | 12 | | pursuant to Section 7 of the Endangered Species Act of 1973,
| 13 | | P.L. 93-205, and amendments thereto or regulations | 14 | | implementing Section 7 (50
CFR Part 402), the Department may | 15 | | authorize taking that is incidental to the
carrying out of an | 16 | | otherwise lawful activity. Authorization shall be issued
only | 17 | | if the Department finds that the taking will not reduce the | 18 | | likelihood of
the survival or recovery of the endangered | 19 | | species or threatened species in the
wild within the State of | 20 | | Illinois, the biotic community of which the species is
a part, | 21 | | or the habitat essential to the species' existence in Illinois.
| 22 | | (Source: P.A. 91-556, eff. 1-1-00.)
| 23 | | (520 ILCS 10/5.6 new) | 24 | | Sec. 5.6. Federal conservation agreements. A permit for | 25 | | incidental taking under Section 5.5 of this Act shall not be |
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| 1 | | required if a federal conservation agreement, including, but | 2 | | not limited to, a candidate conservation agreement, habit | 3 | | conservation plan, or safe harbor agreement, that includes | 4 | | conservation practices conducted in this State in effect and | 5 | | approved by the United States Fish and Wildlife Service under | 6 | | Section 10 of the federal Endangered Species Act of 1973. | 7 | | Incidental taking of species which are listed as endangered or | 8 | | threatened by this State only and not listed by the United | 9 | | States Fish and Wildlife Service shall follow the provisions | 10 | | set forth under Section 5.5 of this Act.
| 11 | | (520 ILCS 10/6) (from Ch. 8, par. 336)
| 12 | | Sec. 6.
There is created the Endangered Species Protection | 13 | | Board
whose duties include listing, delisting, or change of | 14 | | listing status of
species for the Illinois List, in | 15 | | consultation with and written approval by
the Department, in | 16 | | accordance with the Illinois Administrative Procedure
Act, on | 17 | | rules for listing species of animals or plants as endangered
or | 18 | | threatened and delisting species of animals or plants as | 19 | | endangered or
threatened, or changing their status.
| 20 | | The Board shall also advise the Department on methods of | 21 | | assistance,
protection, conservation and management of | 22 | | endangered and threatened species and their
habitats, and on | 23 | | related matters.
| 24 | | The Board shall be composed of 9 persons appointed by the | 25 | | Governor,
and the Director as a non-voting
member. Of the 9 |
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| 1 | | appointed members at least 6 shall be persons
who are | 2 | | recognized as naturalists by training, avocation or vocation. | 3 | | At
least two of these shall be zoologists, at least one a | 4 | | botanist, and at
least two ecologists. In
making Board | 5 | | appointments of naturalists , the Governor shall give | 6 | | consideration to
recommendations of conservation groups. Of | 7 | | the remaining appointed members, 1 member shall be a landowner | 8 | | representing the State's largest general farm organization.
| 9 | | Initially, 3 members shall be appointed for terms of 3 | 10 | | years, 3 for 2
years and 3 for 1 year. Thereafter, the terms of | 11 | | all appointive members
shall be 3 years. Members shall serve | 12 | | until their successors are
appointed. Any vacancy occurring in | 13 | | the position of an appointive
member shall be filled by the | 14 | | Governor for the unexpired term.
| 15 | | Board meetings shall be called at regular intervals set by | 16 | | the Board,
on the request of the Department, or upon written | 17 | | notice signed by at
least 5 members of the
Board, but in no | 18 | | event less than once quarterly. The place of the meeting shall
| 19 | | be determined at the convenience of the Board and the | 20 | | Department. A quorum shall
consist of 5 appointed members.
| 21 | | Members of the Board shall serve without compensation but | 22 | | shall be
reimbursed for actual expenses incurred in the | 23 | | performance of their duties.
| 24 | | The Board may without regard to the Personnel Code, employ | 25 | | and fix the
compensation of necessary staff.
| 26 | | The Board shall select from its membership a chairman and |
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| 1 | | such other
officers as it considers necessary, and may name an | 2 | | Executive Committee
to which it may grant specific powers.
| 3 | | The Board shall review and revise the Illinois List as | 4 | | warranted but in
no case less frequently than every 5 years. It | 5 | | shall prepare and make
available a report of its | 6 | | accomplishments biennially.
| 7 | | (Source: P.A. 84-1065.)
| 8 | | (520 ILCS 10/7) (from Ch. 8, par. 337)
| 9 | | Sec. 7.
Any species or subspecies of animal or plant | 10 | | designated as
endangered or threatened by the Secretary of the | 11 | | Interior of the United
States pursuant to the Endangered | 12 | | Species Act of 1973, P.L. 93-205, as
amended, shall be | 13 | | automatically listed as an endangered or threatened
species | 14 | | under this Act and thereby placed on the Illinois List by the | 15 | | Board
without notice or public hearing . The Board may list, as | 16 | | endangered
or threatened, species of
animals or plants which | 17 | | have reproduced in or otherwise significantly used,
as in | 18 | | migration or overwintering, the area which is now the State of
| 19 | | Illinois, if there is scientific evidence that the species | 20 | | qualify as
endangered or threatened as these terms are defined | 21 | | in this Act.
The Board may delist any non-federally-listed | 22 | | species
for which it finds satisfactory scientific evidence | 23 | | that
its wild or natural
populations are no longer endangered | 24 | | or threatened. Listing,
delisting or change of listing status | 25 | | shall be made only after a public hearing.
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| 1 | | Notice of such hearing shall be published at least 7 days | 2 | | before the
hearing in a newspaper of general circulation | 3 | | throughout the state and
shall be mailed to any person who has, | 4 | | in writing
requested such notice
from the agency holding the | 5 | | hearing. All
persons heard or represented at a hearing and all | 6 | | persons who
requested from the responsible agency notice of | 7 | | such hearing, shall be
given a written summary of any action
| 8 | | taken by the Board or Department relative to the hearing | 9 | | subject.
| 10 | | Upon listing or delisting or change of listing
status by | 11 | | the Board, the Director shall file a certified copy of the | 12 | | names
of the species so
listed, delisted or changed with the | 13 | | Secretary of State
as provided in "The Illinois Administrative
| 14 | | Procedure Act", approved September 22, 1975, as amended.
| 15 | | (Source: P.A. 84-1065.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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