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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;
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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;
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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
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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.
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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.)".