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90_SB1022
520 ILCS 10/2 from Ch. 8, par. 332
520 ILCS 10/2.1 new
520 ILCS 10/3 from Ch. 8, par. 333
520 ILCS 10/4 from Ch. 8, par. 334
520 ILCS 10/6 from Ch. 8, par. 336
520 ILCS 10/7 from Ch. 8, par. 337
520 ILCS 10/9 from Ch. 8, par. 339
520 ILCS 10/10 from Ch. 8, par. 340
520 ILCS 10/11 from Ch. 8, par. 341
520 ILCS 10/5 rep.
Amends the Illinois Endangered Species Protection Act.
Provides that the provisions of the Act apply to only
endangered or threatened species whose present or historic
range is known to include Illinois. Provides that the
Department of Natural Resources may permit any taking
otherwise prohibited by the Act if the applicant submits a
conservation plan and executes an implementing agreement with
the Department. Provides that if a species has been delisted
because it was thought to no longer exist in the wild but is
rediscovered, that species may be placed on the list without
notice or a public hearing. Provides that a person who
causes a violation of the Act by his or her employee or agent
is guilty of a Class A misdemeanor. Provides that a person
who violates the Act is subject to a civil penalty of not
more than $10,000. Repeals provisions concerning the
Department issuing limited permits. Makes other changes in
relation to certain definitions, prohibitions, issuing
permits, the Endangered Species Protection Board, violations,
and the policies of State agencies and local governments.
LRB9002357NTsbA
LRB9002357NTsbA
1 AN ACT concerning endangered species, amending a named
2 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 changing Sections 2, 3, 4, 6, 7, 9, 10, and
7 11 and adding Section 2.1 as follows:
8 (520 ILCS 10/2) (from Ch. 8, par. 332)
9 Sec. 2. As used in this Act the following words have the
10 following meanings:
11 "Board" means the Endangered Species Protection Board
12 created by this Act.
13 "Conservation" means to use and the use of all methods
14 and procedures which are necessary to bring any endangered
15 species or threatened species to the point at which the
16 measures provided pursuant to this Act are no longer
17 necessary. Such methods and procedures include, but are not
18 limited to, all activities associated with scientific
19 resources management such as research, census, law
20 enforcement, habitat acquisition and maintenance, propagation
21 and transplantation.
22 "Department" means the Department of Natural Resources
23 and "Director" means the Director of that Department.
24 "Endangered Species" means any species of plant or animal
25 classified as endangered under the Federal Endangered Species
26 Act of 1973, P.L. 93-205, and amendments thereto, and
27 provided that its present or historic range is known to
28 include all or any portion of Illinois, plus such other
29 species which the Board may list as in danger of extinction
30 in the wild in Illinois due to one or more causes including
31 but not limited to, the destruction, diminution or
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1 disturbance of habitat, overexploitation, predation,
2 pollution, disease, or other natural or manmade factors
3 affecting its prospects of survival.
4 "Threatened Species" means any species of plant or animal
5 classified as threatened under the Federal Endangered Species
6 Act of 1973, P.L. 93-205, and amendments thereto, and
7 provided that its present or historic range is known to
8 include all or any portion of Illinois, plus such other
9 species which the Board may list as likely to become
10 endangered in the wild in Illinois within the foreseeable
11 future.
12 "Extirpated Species" means any species of plant or animal
13 that the Board determines, based on scientific evidence, no
14 longer exists in the wild in Illinois.
15 "Animal" means those organisms commonly included in the
16 science of zoology and generally distinguished from plants by
17 possession of a nervous system and the ability to move from
18 place to place, including all invertebrates such as sponges
19 and mollusks as well as vertebrates such as fishes,
20 amphibians, reptiles, birds, and mammals.
21 "Animal Product" means the fur, hide, skin, teeth,
22 feathers, tusks, claws, eggs, nests or the body or any
23 portion thereof whether in a green or raw state or as a
24 product manufactured or refined from an animal protected
25 under this Act or under rules issued pursuant to this Act.
26 "Plant" means any organism not considered to be an
27 animal, and shall include such organisms as algae, fungi,
28 mosses, liverworts, bryophytes, and ferns, as well as
29 flowering plants, and conifers.
30 "Plant Product" means any plant body or part thereof
31 removed from natural habitat, including seeds, fruits, roots,
32 stems, flowers, leaves, or products made from any of these,
33 including extracts or powders refined from a plant protected
34 under this Act or under rules issued pursuant to this Act.
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1 "Essential Habitat" means the specific ecological
2 conditions required by an endangered or threatened species
3 for its survival and propagation, or physical examples of
4 these conditions.
5 "Take" means, in reference to animals and animal
6 products, to harm, hunt, shoot, pursue, lure, wound, kill,
7 destroy, harass, gig, spear, ensnare, trap, capture, collect,
8 or to attempt to engage in such conduct. "Take" means, in
9 reference to plants and plant products, to collect, pick,
10 cut, dig up, kill, destroy, bury, crush, or harm in any
11 manner.
12 "Illinois List" means a list of species of animals and
13 plants listed by the Board as endangered or threatened.
14 "Person" means any individual, firm, corporation,
15 partnership, trust, association, private entity, government
16 agency, or their agents, and representatives.
17 (Source: P.A. 89-445, eff. 2-7-96.)
18 (520 ILCS 10/2.1 new)
19 Sec. 2.1. The purpose of this Act is to provide for the
20 protection and enhancement of Illinois populations of those
21 plant and animal species determined to be endangered or
22 threatened within the State and of the habitats of those
23 species.
24 (520 ILCS 10/3) (from Ch. 8, par. 333)
25 Sec. 3. It is unlawful for any person to possess, take,
26 acquire, propagate, transport, sell, offer for sale, give or
27 otherwise dispose of any animal or the product thereof of any
28 animal species which occurs on the Illinois List without a
29 permit issued by the Department under Section 4 of this Act,
30 or to deliver, receive, carry, transport or ship in
31 interstate or foreign commerce plants listed as endangered by
32 the Federal government or without a permit therefor issued by
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1 the Department as provided in Section 4 of this Act and to
2 take plants or plant products on the Illinois list without
3 the expressed written permission of the landowner or to sell
4 or offer for sale plants or plant products of endangered
5 species on the Illinois list.
6 (Source: P.A. 84-1065.)
7 (520 ILCS 10/4) (from Ch. 8, par. 334)
8 Sec. 4. (a) Upon receipt of proper application and
9 approval of a properly completed application of the same, the
10 Department may issue to any qualified person a permit which
11 allows the taking, possession, transport, acquisition,
12 propagation, purchase, or disposal of specimens or products
13 of an endangered or threatened species of animal or federal
14 endangered plant after the effective date of listing of that
15 species this Act for justified purposes, that will enhance
16 the survival of the affected species by scientific,
17 zoological, botanical or educational means or for scientific
18 purposes only. Rules for the issuance and maintenance of
19 permits shall be promulgated by the Department after
20 consultation with and written approval of the Board.
21 (b) Upon approval of a properly completed application,
22 the Department may issue a permit that allows the possession,
23 transport, acquisition, propagation, sale, or disposal of
24 animals or animal products of an endangered or threatened
25 species on the Illinois list to any person that had in his or
26 her possession before the effective date of the listing of
27 that species such an item or that obtained such an item
28 legally. As a condition of issuance of a permit, the
29 applicant shall furnish proof that acquisition of the items
30 was made before the effective date of the listing of the
31 species or that the items were otherwise legally obtained.
32 The Department may also issue a permit authorizing the
33 possession, transport, acquisition, propagation, sale, or
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1 disposal of such items to any person to whom a holder of a
2 valid permit issued under this Section gives, sells, or
3 otherwise transfers the item or items named in the permit.
4 Any offspring of legally held specimens shall also be
5 considered to have been legally obtained.
6 (c) The Department may permit, under prescribed terms
7 and conditions, any taking otherwise prohibited by Section 3
8 if the taking is incidental to and not the purpose of the
9 carrying out of an otherwise lawful activity. No permit for
10 the taking shall be issued by the Department unless the
11 applicant submits to the Department a conservation plan and
12 executes an implementing agreement with the Department.
13 (1) The conservation plan shall include, but is not
14 limited to, the following:
15 (A) a description of the impact that the
16 proposed taking is likely to have on one or more
17 species on the Illinois list;
18 (B) The steps the applicant or other parties
19 or both will take to minimize and mitigate the
20 impacts and the funding that will be available to
21 implement the steps;
22 (C) what alternative actions to the taking the
23 applicant considered and the reasons why
24 alternatives will not be utilized; and
25 (D) any other measures that the Department may
26 require as being necessary or appropriate for
27 purposes of the plan.
28 (2) The implementing agreement shall specifically
29 name all the parties that will be involved in the taking
30 as authorized by the permit and describe their
31 obligations and responsibilities.
32 (3) The Department shall issue the permit if the
33 Department finds, based on the permit application, the
34 conservation plan, and the implementing agreement, the
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1 taking will meet all of the following requirements:
2 (A) The taking will not be the purpose of, but
3 will be only incidental to, the carrying out of an
4 otherwise lawful activity.
5 (B) The parties specified under paragraph (2)
6 of this Section will, to the maximum extent
7 practicable, minimize and mitigate the impact caused
8 by the taking.
9 (C) The parties specified under paragraph (2)
10 of this Section will ensure that adequate funding
11 for the conservation plan will be provided.
12 (D) The taking will not reduce the likelihood
13 of the survival or recovery of the endangered
14 species or threatened species in the wild within the
15 State of Illinois, the biotic community of which the
16 species is a part, or the habitat essential to the
17 species' existence in Illinois.
18 (E) Any measures required under subdivision
19 (D) of paragraph (1) of this Section will be met.
20 (4) The Department may require that a party
21 specified under paragraph (2) of this Section make
22 additional assurances that the requirements under
23 paragraph (3) of this Section will be met before issuing
24 a permit.
25 (5) The Department shall impose on the permit any
26 terms or conditions that the Department finds necessary
27 to ensure that the requirements under paragraph (3) of
28 this Section will be met. These terms or conditions may
29 include but are not limited to reporting and monitoring
30 requirements.
31 (d) If an applicant is party to a Habitat Conservation
32 Plan approved by the U.S. Fish and Wildlife Service pursuant
33 to Section 10 of the Endangered Species Act of 1973, P.L.
34 93-205, and amendments thereto, the Department may issue a
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1 permit for taking that is incidental to the carrying out of
2 an otherwise lawful activity. The permit will be issued only
3 if the provisions of the Habitat Conservation Plan are found
4 to meet the requirements set forth in subsection (c) of this
5 Section.
6 (e) If an applicant has been authorized to take an
7 endangered or threatened species under the terms of a
8 biological opinion issued by the U.S. Fish and Wildlife
9 Service pursuant to Section 7 of the Endangered Species Act
10 of 1973, P.L. 93-205, and amendments thereto, or regulations
11 implementing Section 7 (50 CFR Part 402), the Department may
12 issue a permit for taking that is incidental to the carrying
13 out of an otherwise lawful activity. The permit will be
14 issued only if the Department finds that the taking will not
15 reduce the likelihood of the survival or recovery of the
16 endangered species or threatened species in the wild within
17 the State of Illinois, the biotic community of which the
18 species is a part, or the habitat essential to the species'
19 existence in Illinois.
20 (f) The Department shall, upon notice and hearing,
21 revoke the permit of any holder thereof upon finding that the
22 person is not complying with the terms of the permit, the
23 person is knowingly providing incorrect or inadequate
24 information, the activity covered by the permit is placing
25 the species in undue jeopardy, or for other cause.
26 (g) Rules for the issuance and maintenance of permits
27 shall be promulgated by the Department after consultation
28 with and written approval of the Board.
29 (Source: P.A. 84-1065.)
30 (520 ILCS 10/6) (from Ch. 8, par. 336)
31 Sec. 6. There is created the Endangered Species
32 Protection Board whose duties include listing, delisting, or
33 change of listing status of species for the Illinois List, in
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1 consultation with and written approval by the Department, in
2 accordance with the Illinois Administrative Procedure Act, on
3 rules for listing species of animals or plants as endangered
4 or threatened and delisting species of animals or plants as
5 endangered or threatened, or changing their status.
6 The Board shall also advise the Department on methods of
7 assistance, protection, conservation and management of
8 endangered and threatened species and their habitats, and on
9 related matters.
10 The Board shall be composed of 9 persons appointed by the
11 Governor, and the Director as a non-voting member. Of the 9
12 appointed members at least 6 shall be persons who are
13 recognized as naturalists by training, avocation or vocation.
14 At least two of these shall be zoologists, at least one a
15 botanist, and at least two ecologists. In making Board
16 appointments, the Governor shall give consideration to
17 recommendations of conservation groups.
18 Initially, 3 members shall be appointed for terms of 3
19 years, 3 for 2 years and 3 for 1 year. Thereafter, The terms
20 of all appointive members shall be 3 years with the terms of
21 3 members expiring each year. Members shall serve until their
22 successors are appointed. Any vacancy occurring in the
23 position of an appointive member shall be filled by the
24 Governor for the unexpired term.
25 Board meetings shall be called at regular intervals set
26 by the Board, on the request of the Department, or upon
27 written notice signed by at least 5 members of the Board, but
28 in no event less than once quarterly. The place of the
29 meeting shall be determined at the convenience of the Board
30 and the Department. A quorum shall consist of 5 appointed
31 members.
32 Members of the Board shall serve without compensation but
33 shall be reimbursed for actual expenses incurred in the
34 performance of their duties.
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1 The Board may without regard to the Personnel Code,
2 employ and fix the compensation of necessary staff.
3 The Board shall select from its membership a chairman and
4 such other officers as it considers necessary, and may name
5 an Executive Committee to which it may grant specific powers.
6 The Board shall review and revise the Illinois List as
7 warranted but in no case less frequently than every 5 years.
8 It shall prepare and make available a report of its
9 accomplishments biennially.
10 (Source: P.A. 84-1065.)
11 (520 ILCS 10/7) (from Ch. 8, par. 337)
12 Sec. 7. Any species or subspecies of animal or plant
13 designated as endangered or threatened by the Secretary of
14 the Interior of the United States pursuant to the Endangered
15 Species Act of 1973, P.L. 93-205, as amended, and provided
16 that its present or historic range is known to include all or
17 any portion of Illinois shall be automatically listed as an
18 endangered or threatened species under this Act and thereby
19 placed on the Illinois List by the Board without notice or
20 public hearing. The Board may list, as endangered or
21 threatened, species of animals or plants which have
22 reproduced in or otherwise significantly used, as in
23 migration or overwintering, any portion of the area which is
24 now the State of Illinois, if there is scientific evidence
25 that the species qualify as endangered or threatened as these
26 terms are defined in this Act. The Board may delist any
27 non-federally-listed species for which it finds satisfactory
28 scientific evidence that its wild or natural populations are
29 no longer endangered or threatened or that is determined to
30 be extirpated in Illinois. Listing, delisting or change of
31 listing status shall be made only after a public hearing. If,
32 after being delisted by reason of extirpation in Illinois, a
33 species is rediscovered in Illinois, that species may be
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1 placed on the Illinois list by the Board without notice or
2 public hearing.
3 Notice of such hearing shall be published at least 7 days
4 before the hearing in a newspaper of general circulation
5 throughout the state and shall be mailed to any person who
6 has, in writing requested such notice from the agency holding
7 the hearing. All persons heard or represented at a hearing
8 and all persons who requested from the responsible agency
9 notice of such hearing, shall be given a written summary of
10 any action taken by the Board or Department relative to the
11 hearing subject.
12 Upon listing or delisting or change of listing status by
13 the Board, the Director shall file a certified copy of the
14 names of the species so listed, delisted or changed with the
15 Secretary of State as provided in "the Illinois
16 Administrative Procedure Act", approved September 22, 1975,
17 as amended.
18 (Source: P.A. 84-1065.)
19 (520 ILCS 10/9) (from Ch. 8, par. 339)
20 Sec. 9. Any person who violates any provision of this
21 Act or causes a violation of this Act by his or her employee
22 or agent shall be guilty of a Class A misdemeanor and shall
23 be subject to a civil penalty of no more than $10,000. The
24 commission of a prohibited act with respect to each
25 individual animal or plant or part of an animal or plant
26 shall constitute a separate violation.
27 Any person who violates any provision of this Act shall
28 be guilty of a Class A misdemeanor.
29 (Source: P.A. 77-2830.)
30 (520 ILCS 10/10) (from Ch. 8, par. 340)
31 Sec. 10. The Endangered and Threatened Species Program
32 shall be located within the Department of Natural Resources
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1 Conservation. All fines collected under this Act shall be
2 paid to the State Treasurer and deposited in the Nongame
3 Wildlife Preservation Conservation Fund , except that in the
4 event that a county State's attorney shall prosecute
5 violations of this Act, one-half of the fine collected may be
6 retained by the county and used for habitat preservation or
7 conservation education purposes.
8 (Source: P.A. 84-1065.)
9 (520 ILCS 10/11) (from Ch. 8, par. 341)
10 Sec. 11. (a) The Department, with the advice of the
11 Board, shall actively plan and implement a program for the
12 conservation of endangered and threatened species, by means
13 which should include published data search, research,
14 management, cooperative agreements with other agencies,
15 identification, protection and acquisition of essential
16 habitat, support of beneficial legislation, issuance of
17 grants from appropriated funds, and education of the public.
18 (b) It is the public policy of all agencies of State and
19 local governments to utilize their authorities in furtherance
20 of the purposes of this Act by evaluating through a
21 consultation process with the Department whether actions
22 authorized, funded, or carried out by them are likely to
23 jeopardize the continued existence of Illinois listed
24 endangered and threatened species or are likely to result in
25 the destruction or adverse modification of the designated
26 essential habitat of such species, which policy shall be
27 enforceable only by order writ of mandamus or, when there is
28 an imminent threat of damage or destruction to any listed
29 species and there has not been consultation on an action, the
30 Department may seek a temporary restraining order under
31 Section 11-101 of the Code of Civil Procedure; and where a
32 State or local agency does so consult in furtherance of this
33 public policy, such State or local agency shall be deemed to
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1 have complied with its obligations under this the "Illinois
2 Endangered Species Act", provided the agency action shall not
3 result in the killing or injuring of any Illinois listed
4 animal species or provided that a permit for taking a listed
5 species has been issued under subsections (c), (d), or (e) of
6 Section 4 of this Act. This paragraph (b) shall not apply to
7 any project of a State agency on which a biological opinion
8 has been issued (in accordance with Section 7 of the Federal
9 Endangered Species Act) prior to the effective date of this
10 amendatory Act of 1985 stating that the action proposed by
11 said project will not jeopardize the continued existence of
12 any federal listed endangered or threatened species. For the
13 purposes of this Section, "local government" shall include
14 all those units of local government as defined in Section 1
15 of Article VII of the Illinois Constitution, any boards or
16 commissions and subdivisions of these units of local
17 government that have authority over zoning, building, and
18 other land-disturbing activities, and school and community
19 college districts.
20 (b-5) All units of local government in the State of
21 Illinois are authorized to adopt, at their discretion,
22 ordinances, regulations, and policies, which require
23 completion of consultation as described in this Section, that
24 will enhance the survival of endangered and threatened
25 species or protect the habitat of these species.
26 (c) The Department shall have the authority to adopt
27 such rules as are reasonable and necessary to implement the
28 provisions of this Act.
29 (Source: P.A. 84-1065.)
30 (520 ILCS 10/5 rep.)
31 Section 10. The Illinois Endangered Species Protection
32 Act is amended by repealing Section 5.