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91_HB1825sam002
LRB9104899DHmgam02
1 AMENDMENT TO HOUSE BILL 1825
2 AMENDMENT NO. . Amend House Bill 1825 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Endangered Species
5 Protection Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Endangered Species Protection
9 Act is amended by adding Section 5.5 and changing Section 11
10 as follows:
11 (520 ILCS 10/5.5 new)
12 Sec. 5.5. Incidental taking.
13 (a) The Department may authorize, under prescribed terms
14 and conditions, any taking otherwise prohibited by Section 3
15 if that taking is incidental to, and not the purpose of, the
16 carrying out of an otherwise lawful activity. No taking
17 under this Section shall be authorized by the Department
18 unless the applicant submits to the Department a conservation
19 plan.
20 (b) The conservation plan shall include but not be
21 limited to the following:
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1 (1) a description of the impact that the proposed
2 taking is likely to have on one or more species on the
3 Illinois list;
4 (2) the steps the applicant or other parties will
5 take to minimize and mitigate that impact and the funding
6 that will be available to implement those steps,
7 including but not limited to bonds, insurance, or escrow;
8 (3) what alternative actions to the taking the
9 applicant considered and the reasons why those
10 alternatives will not be used;
11 (4) data and information to assure that the
12 proposed taking will not reduce the likelihood of the
13 survival or recovery of the endangered species or
14 threatened species in the wild within the State of
15 Illinois, the biotic community of which the species is a
16 part, or the habitat essential to the species' existence
17 in Illinois;
18 (5) an implementing agreement that specifically
19 names, and describes the obligations and responsibilities
20 of, all the parties that will be involved in the taking
21 as authorized by the permit; and
22 (6) any other measures that the Department may
23 require as being necessary or appropriate for purposes of
24 the plan.
25 (c) After reviewing the application for incidental
26 taking and the conservation plan, the Department may
27 authorize the incidental taking if the Department finds, in a
28 written decision explaining its conclusions, that the taking
29 will meet all of the following requirements:
30 (1) the taking will not be the purpose of, but will
31 be only incidental to, the carrying out of an otherwise
32 lawful activity;
33 (2) the parties to the conservation plan will, to
34 the maximum extent practicable, minimize and mitigate the
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1 impact caused by the taking;
2 (3) the parties to the conservation plan will
3 ensure that adequate funding for the conservation plan
4 will be provided;
5 (4) based on the best available scientific data,
6 the Department has determined that the taking will not
7 reduce the likelihood of the survival or recovery of the
8 endangered species or threatened species in the wild
9 within the State of Illinois, the biotic community of
10 which the species is a part, or the habitat essential to
11 the species' existence in Illinois;
12 (5) any measures required under paragraph (6) of
13 subsection (b) of this Section will be performed; and
14 (6) the public has received notice of the
15 application and has had the opportunity to comment before
16 the Department made any decision regarding the
17 application.
18 (d) The Department may require that a party to the
19 conservation plan make additional assurances that the
20 requirements under items (b)(1) through (b)(6) of this
21 Section will be met before authorizing incidental taking.
22 (e) The Department shall impose on the authorization for
23 incidental taking any terms or conditions that the Department
24 finds necessary to ensure that the requirements under items
25 (b)(1) through (b)(6) of this Section will be met. These
26 terms or conditions may include but are not limited to
27 reporting or monitoring requirements.
28 (f) If an applicant is party to a Habitat Conservation
29 Plan approved by the U.S. Fish and Wildlife Service pursuant
30 to Section 10 of the Endangered Species Act of 1973, P.L.
31 93-205, and amendments thereto, the Department may authorize
32 taking that is incidental to the carrying out of an otherwise
33 lawful activity. Authorization shall be issued only if the
34 provisions of the Habitat Conservation Plan are found to meet
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1 the requirements set forth in subsection (c) of this Section.
2 (g) If an applicant has been authorized to take an
3 endangered or threatened species under the terms of a
4 biological opinion issued by the U.S. Fish and Wildlife
5 Service pursuant to Section 7 of the Endangered Species Act
6 of 1973, P.L. 93-205, and amendments thereto or regulations
7 implementing Section 7 (50 CFR Part 402), the Department may
8 authorize taking that is incidental to the carrying out of an
9 otherwise lawful activity. Authorization shall be issued
10 only if the Department finds that the taking will not reduce
11 the likelihood of the survival or recovery of the endangered
12 species or threatened species in the wild within the State of
13 Illinois, the biotic community of which the species is a
14 part, or the habitat essential to the species' existence in
15 Illinois.
16 (520 ILCS 10/11) (from Ch. 8, par. 341)
17 Sec. 11. Conservation program; public policy; rules.
18 (a) The Department, with the advice of the Board, shall
19 actively plan and implement a program for the conservation of
20 endangered and threatened species, by means which should
21 include published data search, research, management,
22 cooperative agreements with other agencies, identification,
23 protection and acquisition of essential habitat, support of
24 beneficial legislation, issuance of grants from appropriated
25 funds, and education of the public.
26 (b) It is the public policy of all agencies of State and
27 local governments to utilize their authorities in furtherance
28 of the purposes of this Act by evaluating through a
29 consultation process with the Department whether actions
30 authorized, funded, or carried out by them are likely to
31 jeopardize the continued existence of Illinois listed
32 endangered and threatened species or are likely to result in
33 the destruction or adverse modification of the designated
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1 essential habitat of such species, which policy shall be
2 enforceable only by writ of mandamus; and where a State or
3 local agency does so consult in furtherance of this public
4 policy, such State or local agency shall be deemed to have
5 complied with its obligations under the "Illinois Endangered
6 Species Act", provided the agency action shall not result in
7 the killing or injuring of any Illinois listed animal species
8 , or provided that authorization for taking a listed species
9 has been issued under Section 4, 5, or 5.5 of this Act.
10 This paragraph (b) shall not apply to any project of a State
11 agency on which a biological opinion has been issued (in
12 accordance with Section 7 of the Federal Endangered Species
13 Act) prior to the effective date of this amendatory Act of
14 1985 stating that the action proposed by said project will
15 not jeopardize the continued existence of any federal listed
16 endangered or threatened species.
17 (c) The Department shall have the authority to adopt
18 such rules as are reasonable and necessary to implement the
19 provisions of this Act.
20 (Source: P.A. 84-1065.)".