Illinois General Assembly - Full Text of HB5293
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Full Text of HB5293  100th General Assembly




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1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Endangered Species Protection Act
5is amended by changing Sections 5.5, 6, and 7 and by adding
6Section 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
10and conditions, any taking otherwise prohibited by Section 3 if
11that taking is incidental to, and not the purpose of, the
12carrying out of an otherwise lawful activity. No taking under
13this Section shall be authorized by the Department unless the
14applicant submits to the Department a conservation plan.
15    (b) The conservation plan shall include but not be limited
16to 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
17and the conservation plan, the Department may authorize the
18incidental taking if the Department finds, in a written
19decision explaining its conclusions, that the taking will meet
20all 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
17conservation plan make additional assurances that the
18requirements under items (b)(1) through (b)(6) of this Section
19will be met before authorizing incidental taking.
20    (e) The Department shall impose on the authorization for
21incidental taking any terms or conditions that the Department
22finds necessary to ensure that the requirements under items
23(b)(1) through (b)(6) of this Section will be met. These terms
24or conditions may include but are not limited to reporting or
25monitoring requirements.
26    (f) (Blank). If an applicant is party to a Habitat



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1Conservation Plan approved by the U.S. Fish and Wildlife
2Service pursuant to Section 10 of the Endangered Species Act of
31973, P.L. 93-205, and amendments thereto, the Department may
4authorize taking that is incidental to the carrying out of an
5otherwise lawful activity. Authorization shall be issued only
6if the provisions of the Habitat Conservation Plan are found to
7meet the requirements set forth in subsection (c) of this
9    (g) If an applicant has been authorized to take an
10endangered or threatened species under the terms of a
11biological opinion issued by the U.S. Fish and Wildlife Service
12pursuant to Section 7 of the Endangered Species Act of 1973,
13P.L. 93-205, and amendments thereto or regulations
14implementing Section 7 (50 CFR Part 402), the Department may
15authorize taking that is incidental to the carrying out of an
16otherwise lawful activity. Authorization shall be issued only
17if the Department finds that the taking will not reduce the
18likelihood of the survival or recovery of the endangered
19species or threatened species in the wild within the State of
20Illinois, the biotic community of which the species is a part,
21or 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
25incidental taking under Section 5.5 of this Act shall not be



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1required if a federal conservation agreement, including, but
2not limited to, a candidate conservation agreement, habit
3conservation plan, or safe harbor agreement, that includes
4conservation practices conducted in this State in effect and
5approved by the United States Fish and Wildlife Service under
6Section 10 of the federal Endangered Species Act of 1973.
7Incidental taking of species which are listed as endangered or
8threatened by this State only and not listed by the United
9States Fish and Wildlife Service shall follow the provisions
10set 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
13Board whose duties include listing, delisting, or change of
14listing status of species for the Illinois List, in
15consultation with and written approval by the Department, in
16accordance with the Illinois Administrative Procedure Act, on
17rules for listing species of animals or plants as endangered or
18threatened and delisting species of animals or plants as
19endangered or threatened, or changing their status.
20    The Board shall also advise the Department on methods of
21assistance, protection, conservation and management of
22endangered and threatened species and their habitats, and on
23related matters.
24    The Board shall be composed of 9 persons appointed by the
25Governor, and the Director as a non-voting member. Of the 9



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1appointed members at least 6 shall be persons who are
2recognized as naturalists by training, avocation or vocation.
3At least two of these shall be zoologists, at least one a
4botanist, and at least two ecologists. In making Board
5appointments of naturalists, the Governor shall give
6consideration to recommendations of conservation groups. Of
7the remaining appointed members, 1 member shall be a landowner
8representing the State's largest general farm organization.
9    Initially, 3 members shall be appointed for terms of 3
10years, 3 for 2 years and 3 for 1 year. Thereafter, the terms of
11all appointive members shall be 3 years. Members shall serve
12until their successors are appointed. Any vacancy occurring in
13the position of an appointive member shall be filled by the
14Governor for the unexpired term.
15    Board meetings shall be called at regular intervals set by
16the Board, on the request of the Department, or upon written
17notice signed by at least 5 members of the Board, but in no
18event less than once quarterly. The place of the meeting shall
19be determined at the convenience of the Board and the
20Department. A quorum shall consist of 5 appointed members.
21    Members of the Board shall serve without compensation but
22shall be reimbursed for actual expenses incurred in the
23performance of their duties.
24    The Board may without regard to the Personnel Code, employ
25and fix the compensation of necessary staff.
26    The Board shall select from its membership a chairman and



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1such other officers as it considers necessary, and may name an
2Executive Committee to which it may grant specific powers.
3    The Board shall review and revise the Illinois List as
4warranted but in no case less frequently than every 5 years. It
5shall prepare and make available a report of its
6accomplishments 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
10designated as endangered or threatened by the Secretary of the
11Interior of the United States pursuant to the Endangered
12Species Act of 1973, P.L. 93-205, as amended, shall be
13automatically listed as an endangered or threatened species
14under this Act and thereby placed on the Illinois List by the
15Board without notice or public hearing. The Board may list, as
16endangered or threatened, species of animals or plants which
17have reproduced in or otherwise significantly used, as in
18migration or overwintering, the area which is now the State of
19Illinois, if there is scientific evidence that the species
20qualify as endangered or threatened as these terms are defined
21in this Act. The Board may delist any non-federally-listed
22species for which it finds satisfactory scientific evidence
23that its wild or natural populations are no longer endangered
24or threatened. Listing, delisting or change of listing status
25shall be made only after a public hearing.



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