2023 Illinois Compiled Statutes › Chapter 520 - WILDLIFE › 520 ILCS 10/ - Illinois Endangered Species Protection Act.

(520 ILCS 10/1) (from Ch. 8, par. 331)
Sec. 1. 
		
		
		This Act shall be known and may be cited as the "Illinois Endangered
Species Protection Act".
(Source: P.A. 77-2186.)
(520 ILCS 10/2) (from Ch. 8, par. 332)
Sec. 2. 
		As used in this Act the following words have the following meanings:
"Board" means the Endangered Species Protection Board created by this
Act.
"Conservation" means to use and the use of all methods and procedures
which are necessary to bring any endangered species or threatened species
to the point at which the measures provided pursuant to this Act are no
longer necessary.  Such methods and procedures include, but are not limited
to, all activities associated with scientific resources management such as
research, census, law enforcement, habitat acquisition and maintenance,
propagation and transplantation.
"Department" means the Department of Natural Resources
and "Director" means the Director of that Department.
"Endangered Species" means any species of plant or animal classified as
endangered under the Federal Endangered Species Act of 1973, P.L. 93-205, and
amendments thereto, plus such other species which the Board may list as in
danger of extinction in the wild in Illinois due to one or more causes
including but not limited to,
the destruction, diminution or disturbance of habitat, overexploitation,
predation, pollution, disease, or other natural or manmade factors
affecting its prospects of survival.
"Threatened Species" means any species of plant or animal
classified as threatened under the Federal Endangered Species Act of 1973,
P.L. 93-205, and amendments thereto, plus such other species which the
Board may list as likely to become
endangered in the wild in Illinois within the foreseeable future.
"Animal" means those organisms commonly included in the science of
zoology and generally distinguished from plants by possession of a
nervous system and the ability to move from place to place, including all
invertebrates such as sponges and mollusks as well as vertebrates such as
fishes, amphibians, reptiles, birds, and mammals.
"Animal Product" means the fur, hide, skin, teeth, feathers,
tusks, claws, eggs, nests or the body or any portion thereof whether in a
green or raw state or as a product manufactured or refined from an
animal protected under this Act or under rules issued
pursuant to this Act.
"Plant" means any organism not considered to be an animal, and shall
include such organisms as algae, fungi,
bryophytes, and ferns, as well as flowering plants and conifers.
"Plant Product" means any plant body or part thereof removed from
natural habitat, including seeds, fruits, roots, stems, flowers, leaves, or
products made from any of these, including extracts or powders.
"Essential Habitat" means the specific ecological conditions required by
an endangered or threatened species for its survival and propagation, or
physical examples of these conditions.
"Take" means, in reference to animals and animal products, to harm, hunt,
shoot, pursue, lure, wound, kill, destroy, harass, gig, spear, ensnare, trap,
capture, collect, or to attempt to engage in such conduct.  "Take" means, in
reference to plants and plant products, to collect, pick, cut, dig up,
kill, destroy, bury, crush, or harm in any manner.
"Illinois List" means a list of species of animals and plants listed
by the Board as endangered or threatened.
"Person" means any individual, firm, corporation, partnership, trust,
association, private entity, government agency, or their agents,
and representatives.
(Source: P.A. 89-445, eff. 2-7-96.)
(520 ILCS 10/3) (from Ch. 8, par. 333)
Sec. 3.  It is unlawful for any person:
(1) to possess, take, transport, sell, offer for     sale, give or otherwise dispose of any animal or the product thereof of any animal species which occurs on the Illinois List, unless otherwise authorized by law;
(2) to deliver, receive, carry, transport or ship in     interstate or foreign commerce plants listed as endangered by the federal government without a permit therefor issued by the Department as provided in Section 4 of this Act;
(3) to take plants on the Illinois List without the     express written permission of the landowner; or
(4) to sell or offer for sale plants or plant     products of endangered species on the Illinois List.
(Source: P.A. 102-315, eff. 1-1-22.)
(520 ILCS 10/4) (from Ch. 8, par. 334)
Sec. 4. 
Upon receipt of proper application and approval of the
same, the Department may issue to any qualified
person a permit which allows the
taking, possession, transport, purchase, or
disposal of specimens or products of an endangered
or threatened species of animal or federal endangered plant after the
effective date of this Act for
justified purposes, that will enhance the survival of the affected
species by zoological, botanical or educational or
for scientific purposes only. Rules for the issuance and maintenance
of permits shall be promulgated by the Department after consultation with
and written approval of the Board. The Department shall, upon
notice and hearing, revoke the permit of any holder thereof upon
finding that the person is not complying with the terms of the permit,
the person is knowingly providing incorrect or inadequate information, the activity
covered by the permit is placing the species in undue jeopardy, or for
other cause.
(Source: P.A. 102-315, eff. 1-1-22.)
(520 ILCS 10/5) (from Ch. 8, par. 335)
Sec. 5. 
(a) Upon receipt of proper application and approval of
same, the Department may issue a limited
permit authorizing the possession, purchase or disposition of
animals or animal products of an
endangered or threatened species, or federal endangered plants to
any person which had in its possession prior to
the effective date of this Act such an item or which obtained such an
item legally out-of-state. Such permit shall specifically name and describe
each pertinent item possessed by the permit holder and shall be valid only
for possession, purchase or disposition of the items so named.
The Department may require proof that acquisition of such items was
made before the effective date of this Act. The Department
may also issue a limited permit authorizing the
possession, purchase or disposition of live animals or such item to
any person to whom a  holder
of a valid permit issued pursuant to this Section gives, sells, or
otherwise transfers the item named in the permit. Limited permits
issued pursuant to this Section shall be valid only as long
as the item remains in the possession of the person to whom
the permit was issued.
(b) The limited permit shall be revoked by the
Department if it finds that the holder has received it on the basis of
false information, is not complying with its terms, or for other cause.
(Source: P.A. 102-315, eff. 1-1-22.)
(520 ILCS 10/5.5)
Sec. 5.5. 
		Incidental taking.
(a) The Department may authorize, under prescribed terms and conditions, any
taking otherwise prohibited by Section 3 if that taking is incidental to,
and not the purpose of, the carrying out of an otherwise lawful activity.  No
taking under this Section shall be authorized by the Department unless the
applicant submits to the Department a conservation plan.
(b) The conservation plan shall include but not be limited to the following:
(1) a description of the impact that the proposed     taking is likely to have on one or more species on the Illinois list;
(2) the steps the applicant or other parties will     take to minimize and mitigate that impact and the funding that will be available to implement those steps, including but not limited to bonds, insurance, or escrow;
(3) what alternative actions to the taking the     applicant considered and the reasons why those alternatives will not be used;
(4) data and information to assure that the proposed     taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois;
(5) an implementing agreement that specifically     names, and describes the obligations and responsibilities of, all the parties that will be involved in the taking as authorized by the permit; and
(6) any other measures that the Department may     require as being necessary or appropriate for purposes of the plan.
(c) After reviewing the application for incidental taking and the
conservation plan, the Department may authorize the incidental taking if the
Department finds, in a written decision explaining its conclusions,
that the taking will meet all of the following requirements:
(1) the taking will not be the purpose of, but will     be only incidental to, the carrying out of an otherwise lawful activity;
(2) the parties to the conservation plan will, to the     maximum extent practicable, minimize and mitigate the impact caused by the taking;
(3) the parties to the conservation plan will ensure     that adequate funding for the conservation plan will be provided;
(4) based on the best available scientific data, the     Department has determined that the taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois;
(5) any measures required under paragraph (6) of     subsection (b) of this Section will be performed; and
(6) the public has received notice of the application     and has had the opportunity to comment before the Department made any decision regarding the application.
(d) The Department may require that a party to the conservation plan make
additional assurances that the requirements under items (b)(1) through
(b)(6) of this Section will be met before authorizing incidental taking.
(e) The Department shall impose on the authorization for incidental taking
any terms or conditions that the Department finds necessary to ensure that the
requirements under items (b)(1) through (b)(6) of this Section will be
met.  These terms or conditions may include but are not limited to reporting or
monitoring requirements.
(f) If an applicant is party to a Habitat Conservation Plan approved by the
U.S. Fish and Wildlife Service pursuant to Section 10 of the Endangered Species
Act of 1973, P.L. 93-205, and amendments thereto, the Department may authorize
taking that is incidental to the carrying out of an otherwise lawful activity.
Authorization shall be issued only if the provisions of the Habitat
Conservation Plan are found to meet the requirements set forth in subsection
(c) of this Section.
(g) If an applicant has been authorized to take an endangered or threatened
species under the terms of a biological opinion issued by the U.S. Fish and
Wildlife Service pursuant to Section 7 of the Endangered Species Act of 1973,
P.L. 93-205, and amendments thereto or regulations implementing Section 7 (50
CFR Part 402), the Department may authorize taking that is incidental to the
carrying out of an otherwise lawful activity.  Authorization shall be issued
only if the Department finds that the taking will not reduce the likelihood of
the survival or recovery of the endangered species or threatened species in the
wild within the State of Illinois, the biotic community of which the species is
a part, or the habitat essential to the species' existence in Illinois.
(Source: P.A. 91-556, eff. 1-1-00.)
(520 ILCS 10/6) (from Ch. 8, par. 336)
Sec. 6. 
		
		There is created the Endangered Species Protection Board
whose duties include listing, delisting, or change of listing status of
species for the Illinois List, in consultation with and written approval by
the Department, in accordance with the Illinois Administrative Procedure
Act, on rules for listing species of animals or plants as endangered
or threatened and delisting species of animals or plants as endangered or
threatened, or changing their status.
The Board shall also advise the Department on methods of assistance,
protection, conservation and management of endangered and threatened species and their
habitats, and on related matters.
The Board shall be composed of 9 persons appointed by the Governor,
and the Director as a non-voting
member. Of the 9 appointed members at least 6 shall be persons
who are recognized as naturalists by training, avocation or vocation. At
least two of these shall be zoologists, at least one a botanist, and at
least two ecologists. In
making Board appointments, the Governor shall give consideration to
recommendations of conservation groups.
Initially, 3 members shall be appointed for terms of 3 years, 3 for 2
years and 3 for 1 year. Thereafter, the terms of all appointive members
shall be 3 years. Members shall serve until their successors are
appointed. Any vacancy occurring in the position of an appointive
member shall be filled by the Governor for the unexpired term.
Board meetings shall be called at regular intervals set by the Board,
on the request of the Department, or upon written notice signed by at
least 5 members of the
Board, but in no event less than once quarterly. The place of the meeting shall
be determined at the convenience of the Board and the Department. A quorum shall
consist of 5 appointed members.
Members of the Board shall serve without compensation but shall be
reimbursed for actual expenses incurred in the performance of their duties.
The Board may without regard to the Personnel Code, employ and fix the
compensation of necessary staff.
The Board shall select from its membership a chairman and such other
officers as it considers necessary, and may name an Executive Committee
to which it may grant specific powers.
The Board shall review and revise the Illinois List as warranted but in
no case less frequently than every 5 years. It shall prepare and make
available a report of its accomplishments biennially.
(Source: P.A. 84-1065.)
(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. 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 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.)
(520 ILCS 10/8) (from Ch. 8, par. 338)
Sec. 8. 
		
		Any officer or agent authorized by the Department or any police
officer of the State or of any unit of
local government within the State of Illinois, may
execute any warrant to search for and seize any goods, merchandise or
animals, plants, or animal or plant products sold or
offered for sale in violation of this Act, or any
property or item used in connection with a violation of this Act, or to
examine premises for determination of actions in violation of
this Act.  Seized
goods, merchandise, animals, plants or their products shall be held
pending proceedings
in the circuit court.
Upon conviction, such seized goods,
merchandise or animals, plants, or their products shall be
forfeited and, upon forfeiture, either
offered to a recognized institution for scientific or educational purposes,
or if a suitable depository is not located for such items, they shall be destroyed.
(Source: P.A. 84-1065.)
(520 ILCS 10/9) (from Ch. 8, par. 339)
Sec. 9. 
		
		
		Any person who violates any provision of this Act shall be guilty of a
Class A misdemeanor.
(Source: P.A. 77-2830.)
(520 ILCS 10/10) (from Ch. 8, par. 340)
Sec. 10. 
The Endangered and Threatened Species Program shall be
located within the Department. All fines collected under
this Act shall be paid to the State
Treasurer and deposited in the Illinois Wildlife Preservation Fund.
(Source: P.A. 102-1071, eff. 6-10-22.)
(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.)