Rep. Andrew S. Chesney

Filed: 4/8/2019

 

 


 

 


 
10100HB2425ham001LRB101 05156 SLF 59396 a

1
AMENDMENT TO HOUSE BILL 2425

2    AMENDMENT NO. ______. Amend House Bill 2425 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Endangered Species Protection Act
5is amended by changing Section 7 and by adding Section 5.6 as
6follows:
 
7    (520 ILCS 10/5.6 new)
8    Sec. 5.6. Federal pre-Listing agreements and conference
9reports. A permit for incidental taking under Section 5.5 shall
10not be required:
11    (1) on land that is subject to and for activities that are
12implemented in compliance with a federal Candidate
13Conservation Agreement or Candidate Conservation Agreement
14with Assurances approved by the United States Fish and Wildlife
15Service under Section 10 of the federal Endangered Species Act
16of 1973; or

 

 

10100HB2425ham001- 2 -LRB101 05156 SLF 59396 a

1    (2) for covered conservation practices conducted in this
2State within a federal program under a Conference Report
3authorized under Section 7 of the federal Endangered Species
4Act of 1973 on land subject to that program.
 
5    (520 ILCS 10/7)  (from Ch. 8, par. 337)
6    Sec. 7. Any species or subspecies of animal or plant
7designated as endangered or threatened by the Secretary of the
8Interior of the United States pursuant to the Endangered
9Species Act of 1973, P.L. 93-205, as amended, shall be
10automatically listed as an endangered or threatened species
11under this Act and thereby placed on the Illinois List by the
12Board without notice or public hearing. Upon an automatic
13listing of a federally-listed species, the Board shall
14immediately publish a notice for an informational hearing in
15accordance with this Section and conduct said hearing within 14
16day of the automatic listing. The Board may list, as endangered
17or threatened, species of animals or plants which have
18reproduced in or otherwise significantly used, as in migration
19or overwintering, the area which is now the State of Illinois,
20if there is scientific evidence that the species qualify as
21endangered or threatened as these terms are defined in this
22Act. The Board may delist any non-federally-listed species for
23which it finds satisfactory scientific evidence that its wild
24or natural populations are no longer endangered or threatened.
25Listing, delisting, or change of listing status for any

 

 

10100HB2425ham001- 3 -LRB101 05156 SLF 59396 a

1non-federally listed species shall be made only after a public
2hearing.
3    Notice of such hearing shall be published at least 7 days
4before the hearing in a newspaper of general circulation
5throughout the state and shall be mailed to any person who has,
6in writing requested such notice from the agency holding the
7hearing. All persons heard or represented at a hearing and all
8persons who requested from the responsible agency notice of
9such hearing, shall be given a written summary of any action
10taken by the Board or Department relative to the hearing
11subject.
12    Upon listing or delisting or change of listing status by
13the Board, the Director shall file a certified copy of the
14names of the species so listed, delisted or changed with the
15Secretary of State as provided in "The Illinois Administrative
16Procedure Act", approved September 22, 1975, as amended.
17(Source: P.A. 84-1065.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".