State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]

91_HB2243ham001

 










                                             LRB9104899DHpkam

 1                    AMENDMENT TO HOUSE BILL 2243

 2        AMENDMENT NO.     .  Amend House Bill 2243 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The  Illinois Endangered Species Protection
 6    Act is amended by adding Section 5.5 and changing Section  11
 7    as follows:

 8        (520 ILCS 10/5.5 new)
 9        Sec. 5.5.  Incidental taking.
10        (a)  The Department may authorize, under prescribed terms
11    and  conditions, any taking otherwise prohibited by Section 3
12    if that taking is incidental to, and not the purpose of,  the
13    carrying  out  of  an  otherwise  lawful activity.  No taking
14    under this Section shall  be  authorized  by  the  Department
15    unless the applicant submits to the Department a conservation
16    plan.
17        (b)  The  conservation  plan  shall  include  but  not be
18    limited to the following:
19             (1)  a description of the impact that  the  proposed
20        taking  is  likely  to have on one or more species on the
21        Illinois list;
 
                            -2-              LRB9104899DHpkam
 1             (2)  the steps the applicant or other  parties  will
 2        take to minimize and mitigate that impact and the funding
 3        that   will   be  available  to  implement  those  steps,
 4        including but not limited to bonds, insurance, or escrow;
 5             (3)  what alternative  actions  to  the  taking  the
 6        applicant   considered   and   the   reasons   why  those
 7        alternatives will not be used;
 8             (4)  data  and  information  to  assure   that   the
 9        proposed  taking  will  not  reduce the likelihood of the
10        survival  or  recovery  of  the  endangered  species   or
11        threatened  species  in  the  wild  within  the  State of
12        Illinois, the biotic community of which the species is  a
13        part,  or the habitat essential to the species' existence
14        in Illinois;
15             (5)  an  implementing  agreement  that  specifically
16        names, and describes the obligations and responsibilities
17        of, all the parties that will be involved in  the  taking
18        as authorized by the permit; and
19             (6)  any  other  measures  that  the  Department may
20        require as being necessary or appropriate for purposes of
21        the plan.
22        (c)  After  reviewing  the  application  for   incidental
23    taking   and   the  conservation  plan,  the  Department  may
24    authorize the incidental taking if the Department finds  that
25    the taking will meet all of the following requirements:
26             (1)  the taking will not be the purpose of, but will
27        be  only  incidental to, the carrying out of an otherwise
28        lawful activity;
29             (2)  the parties to the conservation plan  will,  to
30        the maximum extent practicable, minimize and mitigate the
31        impact caused by the taking;
32             (3)  the  parties  to  the  conservation  plan  will
33        ensure  that  adequate  funding for the conservation plan
34        will be provided;
 
                            -3-              LRB9104899DHpkam
 1             (4)  the taking will not reduce  the  likelihood  of
 2        the  survival  or  recovery  of the endangered species or
 3        threatened species  in  the  wild  within  the  State  of
 4        Illinois,  the biotic community of which the species is a
 5        part, or the habitat essential to the species'  existence
 6        in Illinois; and
 7             (5)  any  measures  required  under paragraph (6) of
 8        subsection (b) of this Section will be performed.
 9        (d)  The Department may  require  that  a  party  to  the
10    conservation   plan   make  additional  assurances  that  the
11    requirements  under  items  (b)(1)  through  (b)(6)  of  this
12    Section will be met before authorizing incidental taking.
13        (e)  The Department shall impose on the authorization for
14    incidental taking any terms or conditions that the Department
15    finds necessary to ensure that the requirements  under  items
16    (b)(1)  through  (b)(6)  of  this Section will be met.  These
17    terms or conditions  may  include  but  are  not  limited  to
18    reporting or monitoring requirements.
19        (f)  If  an  applicant is party to a Habitat Conservation
20    Plan approved by the U.S. Fish and Wildlife Service  pursuant
21    to  Section  10  of  the Endangered Species Act of 1973, P.L.
22    93-205, and amendments thereto, the Department may  authorize
23    taking that is incidental to the carrying out of an otherwise
24    lawful  activity.   Authorization shall be issued only if the
25    provisions of the Habitat Conservation Plan are found to meet
26    the requirements set forth in subsection (b) of this Section.
27        (g)  If an applicant  has  been  authorized  to  take  an
28    endangered  or  threatened  species  under  the  terms  of  a
29    biological  opinion  issued  by  the  U.S.  Fish and Wildlife
30    Service pursuant to Section 7 of the Endangered  Species  Act
31    of  1973,  P.L. 93-205, and amendments thereto or regulations
32    implementing Section 7 (50 CFR Part 402), the Department  may
33    authorize taking that is incidental to the carrying out of an
34    otherwise  lawful  activity.   Authorization  shall be issued
 
                            -4-              LRB9104899DHpkam
 1    only if the Department finds that the taking will not  reduce
 2    the  likelihood of the survival or recovery of the endangered
 3    species or threatened species in the wild within the State of
 4    Illinois, the biotic community of  which  the  species  is  a
 5    part,  or  the habitat essential to the species' existence in
 6    Illinois.

 7        (520 ILCS 10/11) (from Ch. 8, par. 341)
 8        Sec. 11.  Conservation program; public policy; rules.
 9        (a) The Department, with the advice of the  Board,  shall
10    actively plan and implement a program for the conservation of
11    endangered  and  threatened  species,  by  means which should
12    include  published   data   search,   research,   management,
13    cooperative  agreements  with other agencies, identification,
14    protection and acquisition of essential habitat,  support  of
15    beneficial  legislation, issuance of grants from appropriated
16    funds, and education of the public.
17        (b)  It is the public policy of all agencies of State and
18    local governments to utilize their authorities in furtherance
19    of  the  purposes  of  this  Act  by  evaluating  through   a
20    consultation  process  with  the  Department  whether actions
21    authorized, funded, or carried out  by  them  are  likely  to
22    jeopardize   the   continued  existence  of  Illinois  listed
23    endangered and threatened species or are likely to result  in
24    the  destruction  or  adverse  modification of the designated
25    essential habitat of such  species,  which  policy  shall  be
26    enforceable  only  by  writ of mandamus; and where a State or
27    local agency does so consult in furtherance  of  this  public
28    policy,  such  State  or local agency shall be deemed to have
29    complied with its obligations under the "Illinois  Endangered
30    Species  Act", provided the agency action shall not result in
31    the killing or injuring of any Illinois listed animal species
32    , or provided that authorization for taking a listed  species
33    has  been  issued  under  Section  4,  5, or 5.5 of this Act.
 
                            -5-              LRB9104899DHpkam
 1    This paragraph (b) shall not apply to any project of a  State
 2    agency  on  which  a  biological  opinion has been issued (in
 3    accordance with Section 7 of the Federal  Endangered  Species
 4    Act)  prior  to  the effective date of this amendatory Act of
 5    1985 stating that the action proposed by  said  project  will
 6    not  jeopardize the continued existence of any federal listed
 7    endangered or threatened species.
 8        (c)  The Department shall have  the  authority  to  adopt
 9    such  rules  as are reasonable and necessary to implement the
10    provisions of this Act.
11    (Source: P.A. 84-1065.)".

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