Illinois Administrative Code › Title 17 - CONSERVATION › Part 1075 - CONSULTATION PROCEDURES FOR ASSESSING IMPACTS OF AGENCY ACTIONS ON ENDANGERED AND THREATENED SPECIES AND NATURAL AREAS › Section 1075.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms will be used throughout this Part:
"Act" - the Illinois Endangered Species Protection Act [520
				ILCS 10 ].
"Action" - construction, land management or other activities
				that are authorized, funded or performed in whole or in part by agencies of
				State and local governments and that will result in a change to the existing
				environmental conditions or may affect listed endangered or threatened species
				or their essential habitat or natural areas.
"Adverse Impact" - a direct or indirect alteration of the
				physical or biological features of the air, land or water that may affect the
				survival, reproduction or recovery of a listed species or that may diminish the
				viability of a natural area.
"Agency" - all State agencies and units of local government and
				their political subdivisions, agencies, boards, committees and
				commissions.
"Agency Action Report" - a report submitted to the Department
				by agencies proposing actions requiring consultation. The information required
				to be submitted shall be sufficient to determine the presence or absence of a
				threatened or endangered species or natural area in the vicinity of the
				proposed action.
"Applicant" - the agency or third party consulting with the
				Department. A third-party applicant is a non-governmental party consulting with
				the Department on behalf of an agency because the third-party is seeking
				financial support, funding, authorization or other approval from the
				agency.
"Authorized" or "Authorization" - any permitting, licensing,
				zoning or other administrative approval provided by an agency.
"Biological Opinion" - the component of the Detailed Action
				Report prepared by the Department, when a valid record of an occurrence for a
				threatened or endangered species or natural area exists within the vicinity of
				a proposed action. This opinion will conclude whether the action will
				jeopardize the listed species present, destroy or adversely modify their
				essential habitat, or adversely modify a natural area.
"Carried Out" - conducted by, or on behalf of, an agency or its
				agents through contract, agreement or other legal arrangement.
"Conservation" - utilization of all methods and procedures
				necessary to bring any endangered or threatened species to the point at which
				the protection provided by the Act are no longer necessary. These methods and
				procedures include, but are not limited to, all activities associated with
				scientific resources management, such as research, census, habitat acquisition,
				habitat management restoration, and maintenance and propagation.
"Consultation" - process of review of actions of governmental
				and third party actions pursuant to Section 11(b) of the Act and Section 17 of
				the Natural Areas Act.
"Cumulative Effects" - direct and indirect effects of a
				proposed action, together with the identifiable effects of actions that are
				interrelated or interdependent with the action. Indirect effects are those that
				are caused by the action but are later in time or farther in distance.
				Interrelated actions are those that are a part of a larger action.
				Interdependent actions are those that have independent utility apart from the
				action.
"Department" - means the Department of Natural
				Resources.
"Detailed Action Report" - a written report that is prepared by
				an agency when a threatened or endangered species or natural area has been
				identified within the vicinity of a proposed action. This report shall contain
				sufficient information to make a judgement regarding the potential adverse
				impacts to a listed species or its essential habitat or a natural area.
"EcoCAT" - the Department's on-line consultation application
				process.
"Essential Habitat" - the physical and biological environment
				that is required to maintain viable populations of a listed species in order to
				ensure the survival and recovery of that species.
"Funded" - receipt of any grant, loan, loan guarantee, bond or
				other public financing provided by an agency.
"Jeopardize" - to engage in an action that would reduce the
				likelihood of the survival or recovery of a listed species or would result in
				the destruction or adverse modification of the essential habitat of such a
				species or would result in the destruction or adverse modification of a natural
				area.
"Listed Species" - any species of plant or animal that has been
				listed as endangered or threatened by the Illinois Endangered Species
				Protection Board or the U.S. Fish and Wildlife Service.
"Natural Area" - any area of land in public or private
				ownership that is registered under the Natural Areas Act or is identified in
				the Illinois Natural Areas Inventory.
"Natural Areas Act - Illinois Natural Areas Preservation Act
				[525 ILCS 30 ].
"Vicinity" - the area surrounding the action, as determined by
				the life history requirements of the species of concern or proximity to a
				natural area.