Current through Register Vol. 48, No. 38, September 20, 2024
Incidental taking of endangered and threatened species shall be
authorized by the Department of Natural Resources (Department) only if the
applicant submits to the Department a conservation plan that satisfies all
criteria established in this Part.
a)
A conservation plan submitted to the Department's Office of Resource
Conservation as the application for authorization for incidental taking of an
endangered or threatened species shall, at a minimum, include:
1) A description of the impact likely to
result from the proposed taking of the species that would be covered by the
authorization, including but not limited to:
A) legal description, if available, or
detailed description including street address and map of the area to be
affected by the proposed action and indicia of ownership or control of affected
property;
B) biological data on the
affected species; on request of the applicant, the Department shall provide
biological data in the Department's possession on the affected
species;
C) description of the
activities that will result in taking of an endangered or threatened species;
and
D) explanation of the
anticipated adverse effects on listed species.
2) Measures the applicant will take to
minimize and mitigate that impact and the funding that will be available to
undertake those measures, including, but not limited to:
A) plans to minimize the area affected by the
proposed action, the estimated number of individuals of an endangered or
threatened species that will be taken and the amount of habitat
affected;
B) plans for management
of the area affected by the proposed action that will enable continued use of
the area by endangered or threatened species;
C) description of all measures to be
implemented to minimize or mitigate the effects of the proposed action on
endangered or threatened species;
D) plans for monitoring the effects of
measures implemented to minimize or mitigate the effects of the proposed action
on endangered or threatened species;
E) adaptive management practices that will be
used to deal with changed or unforeseen circumstances that affect the
effectiveness of measures instituted to minimize or mitigate the effects of the
proposed action on endangered or threatened species; and
F) verification that adequate funding exists
to support and implement all mitigation activities described in the
conservation plan. This may be in the form of bonds, certificates of insurance,
escrow accounts or other financial instruments adequate to carry out all
aspects of the conservation plan.
3) A description of alternative actions the
applicant considered that would not result in take, and the reasons that each
of those alternatives was not selected. A "no-action" alternative shall be
included in this description of alternatives.
4) Data and information to indicate that the
proposed taking will not reduce the likelihood of the survival of the
endangered 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, which shall include, but not be limited to:
A) the names and signatures of all
participants in the execution of the conservation plan;
B) the obligations and responsibilities of
each of the identified participants with schedules and deadlines for completion
of activities included in the conservation plan and a schedule for preparation
of progress reports to be provided to the Department;
C) certification that each participant in the
execution of the conservation plan has the legal authority to carry out their
respective obligations and responsibilities under the conservation
plan;
D) assurance of compliance
with all other federal, State and local regulations pertinent to the proposed
action and to execution of the conservation plan; and
E) copies of any final federal authorizations
for a taking already issued to the applicant, if any.
b) The Department, after review
and public comment, may require additional measures as necessary or appropriate
to the success of the conservation plan. Requirements for additional measures
shall be based on the life history needs of the species involved.
c) A Habitat Conservation Plan approved by
the U.S. Fish and Wildlife Service pursuant to Section 10 of the Endangered
Species Act of 1973 [ 26 USC 1539 ], and amendments thereto, may be submitted
in lieu of the conservation plan described in this Section.
d) Authorization 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 [ 26 USC 1536 ], and amendments thereto, or regulations implementing
Section 7 [ 50 CFR 402 ] may be submitted in lieu of the conservation plan
described in this Section.
