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(520 ILCS 10/11) (from Ch. 8, par. 341)
Sec. 11.
Conservation program; public policy; rules.
(a) The Department, with the advice of the Board, shall actively
plan and implement a program for the conservation of endangered and
threatened species, by means which should include published data search,
research, management, cooperative agreements with other agencies,
identification, protection and acquisition of essential habitat, support of
beneficial legislation, issuance of grants from appropriated funds, and
education of the public.
(b) It is the public policy of all agencies of State and local
governments to utilize their authorities in furtherance of the purposes of this
Act
by evaluating through a consultation process with the Department whether
actions authorized, funded, or carried out by them are likely to jeopardize
the continued existence of Illinois listed endangered and threatened
species or are likely to result in the destruction or adverse modification
of the designated essential habitat of such species, which policy shall be
enforceable only by writ of mandamus; and where a State or local agency
does so consult in furtherance of this public policy, such State or local
agency shall be deemed to have complied with its obligations under the
"Illinois Endangered Species Act", provided the agency action shall not
result in the killing or injuring of any Illinois listed animal species, or
provided that authorization for taking a listed species has been issued under
Section 4, 5, or 5.5 of this Act.
This paragraph (b) shall not apply to any project of a State agency on
which a biological opinion has been issued (in accordance with Section 7 of
the Federal Endangered Species Act) prior to the effective date of this
amendatory Act of 1985 stating that the action proposed by said project
will not jeopardize the continued existence of any federal listed
endangered or threatened species.
(c) The Department shall have the authority to adopt such rules as are
reasonable and necessary to implement the provisions of this Act.
(Source: P.A. 91-556, eff. 1-1-00.)
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