HB2425 EngrossedLRB101 05156 SLF 50168 b

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 Section 7 and by adding Section 5.6 as
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
17    (2) for covered conservation practices conducted in this
18State within a federal program under a Conference Report
19authorized under Section 7 of the federal Endangered Species
20Act of 1973 on land subject to that program.
21    (520 ILCS 10/7)  (from Ch. 8, par. 337)
22    Sec. 7. Any species or subspecies of animal or plant



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1designated as endangered or threatened by the Secretary of the
2Interior of the United States pursuant to the Endangered
3Species Act of 1973, P.L. 93-205, as amended, shall be
4automatically listed as an endangered or threatened species
5under this Act and thereby placed on the Illinois List by the
6Board without notice or public hearing. Upon an automatic
7listing of a federally-listed species, the Board shall
8immediately publish a notice for an informational hearing in
9accordance with this Section and conduct said hearing within 14
10day of the automatic listing. The Board may list, as endangered
11or threatened, species of animals or plants which have
12reproduced in or otherwise significantly used, as in migration
13or overwintering, the area which is now the State of Illinois,
14if there is scientific evidence that the species qualify as
15endangered or threatened as these terms are defined in this
16Act. The Board may delist any non-federally-listed species for
17which it finds satisfactory scientific evidence that its wild
18or natural populations are no longer endangered or threatened.
19Listing, delisting, or change of listing status for any
20non-federally listed species shall be made only after a public
22    Notice of such hearing shall be published at least 7 days
23before the hearing in a newspaper of general circulation
24throughout the state and shall be mailed to any person who has,
25in writing requested such notice from the agency holding the
26hearing. All persons heard or represented at a hearing and all



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1persons who requested from the responsible agency notice of
2such hearing, shall be given a written summary of any action
3taken by the Board or Department relative to the hearing
5    Upon listing or delisting or change of listing status by
6the Board, the Director shall file a certified copy of the
7names of the species so listed, delisted or changed with the
8Secretary of State as provided in "The Illinois Administrative
9Procedure Act", approved September 22, 1975, as amended.
10(Source: P.A. 84-1065.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.