HB2425eng 101ST GENERAL ASSEMBLY

HB2425 Engrossed LRB101 05156 SLF 50168 b

AN ACT concerning wildlife.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Endangered Species Protection Act is amended by changing Section 7 and by adding Section 5.6 as follows:

(520 ILCS 10/5.6 new)

Sec. 5.6. Federal pre-Listing agreements and conference reports. A permit for incidental taking under Section 5.5 shall not be required:

(1) on land that is subject to and for activities that are implemented in compliance with a federal Candidate Conservation Agreement or Candidate Conservation Agreement with Assurances approved by the United States Fish and Wildlife Service under Section 10 of the federal Endangered Species Act of 1973; or

(2) for covered conservation practices conducted in this State within a federal program under a Conference Report authorized under Section 7 of the federal Endangered Species Act of 1973 on land subject to that program.

(520 ILCS 10/7) (from Ch. 8, par. 337)

Sec. 7. Any species or subspecies of animal or plant designated as endangered or threatened by the Secretary of the Interior of the United States pursuant to the Endangered Species Act of 1973, P.L. 93-205, as amended, shall be automatically listed as an endangered or threatened species under this Act and thereby placed on the Illinois List by the Board without notice or public hearing. Upon an automatic listing of a federally-listed species, the Board shall immediately publish a notice for an informational hearing in accordance with this Section and conduct said hearing within 14 day of the automatic listing. The Board may list, as endangered or threatened, species of animals or plants which have reproduced in or otherwise significantly used, as in migration or overwintering, the area which is now the State of Illinois, if there is scientific evidence that the species qualify as endangered or threatened as these terms are defined in this Act. The Board may delist any non-federally-listed species for which it finds satisfactory scientific evidence that its wild or natural populations are no longer endangered or threatened. Listing, delisting, or change of listing status for any non-federally listed species shall be made only after a public hearing.

Notice of such hearing shall be published at least 7 days before the hearing in a newspaper of general circulation throughout the state and shall be mailed to any person who has, in writing requested such notice from the agency holding the hearing. All persons heard or represented at a hearing and all persons who requested from the responsible agency notice of such hearing, shall be given a written summary of any action taken by the Board or Department relative to the hearing subject.

Upon listing or delisting or change of listing status by the Board, the Director shall file a certified copy of the names of the species so listed, delisted or changed with the Secretary of State as provided in "The Illinois Administrative Procedure Act", approved September 22, 1975, as amended.

(Source: P.A. 84-1065.)

Section 99. Effective date. This Act takes effect upon becoming law.