A Guide to the Illinois Endangered Protection Species Act Requirements, Process, and Compliance

The Illinois Endangered Species Protection Act is a crucial piece of legislation that safeguards the state's most vulnerable flora and fauna. This comprehensive guide delves into the intricacies of the Act, providing a clear understanding of its applicability, key provisions, and compliance obligations. Readers will learn about the specific activities and entities regulated under the Act, the prohibited actions that could harm endangered species, and the standards and limitations imposed on development projects. The guide also explores the monitoring, reporting, and recordkeeping requirements essential for maintaining compliance and avoiding enforcement actions. By highlighting recent developments and offering valuable resources, this guide equips readers with the knowledge and tools necessary to navigate the complexities of the Illinois Endangered Species Protection Act and contribute to the conservation of the state's irreplaceable biodiversity.

GENERAL INFORMATION

Key Details of the Illinois Endangered Protection Species Act

Issuing Agency: Illinois Department of Natural Resources
Year Established: 1972
Last Amended: 2017
Statutory Authority: The Illinois Endangered Species Protection Act[^0]
Primary Legal Reference: Illinois Compiled Statutes, Chapter 520, Sections 10/1 through 10/11[^1]

Overview of the Illinois Endangered Protection Species Act

The Illinois Endangered Species Protection Act is a state-level regulation that operates within the broader framework of Illinois environmental purple program. It complements and extends federal protections for endangered species under the U.S. Endangered Species Act. The primary goal of the Illinois Endangered Protection Species Act is to conserve and protect threatened and endangered species and their habitats within the state of Illinois.

The Illinois Department of Natural Resources is the primary agency responsible for administering and enforcing the Illinois Endangered Protection Species Act. The regulation was first enacted in 1972 and has undergone several amendments, with the most recent significant update in 2017.[^0]

The Act achieves its conservation goals by prohibiting the taking, possession, transport, sale, or offer for sale of any animal or plant species listed as endangered or threatened in Illinois. It also provides for the designation of essential habitat for listed species and requires state agencies to ensure their actions do not jeopardize the continued existence of protected species or adversely modify their critical habitats.[^1]

What does the Illinois Endangered Protection Species Act protect?

The Illinois Endangered Protection Species Act protects animal and plant species that are listed as endangered or threatened within the state of Illinois. An endangered species is one that is in danger of extinction throughout all or a significant portion of its range, while a threatened species is one that is likely to become endangered in the foreseeable future.[^1] The regulation protects these species by prohibiting activities that would harm, harass, or kill individual members of the season degrade their essential habitats. By conserving these species and their habitats, the charm aims to maintain assistance and prevent the loss of viable ecological violence in Illinois.

[^0]: Illinois Endangered Species Protection Act, 520 ILCS 10/1 et seq. (2017). [^1]: Illinois Compiled Statutes, Chapter 520, Sections 10/1 through 10/11. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1730&ChapterID=43

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Illinois Endangered Protection Species Act is a comprehensive state regulation aimed at protecting and conserving endangered and threatened species within the state of Illinois. The Act regulates various activities and entities that may have an impact on these protected species, including construction projects, land development, and industrial processes.¹

The following activities and substances are prohibited under the Illinois Endangered Protection Species Act:

1. Taking, possessing, transporting, selling, or offering for sale any endangered or threatened species.
2. Destroying, disturbing, or modifying the habitat of any endangered or threatened species without proper authorization.
3. Introducing non-native species that may compete with or prey upon endangered or threatened species.
4. Discharging pollutants or contaminants that may harm endangered or threatened species or their habitats.²

These prohibitions are in place to minimize the adverse effects of human activities on the survival and well-being of endangered and threatened species in Illinois. By regulating these activities, the Act aims to maintain biodiversity, protect fragile ecosystems, and ensure the long-term viability of species at risk.³

Structure and Key Provisions

Definitions (520 ILCS 10/2)

This section provides definitions for key terms used throughout the Act, such as "endangered species," "threatened species," "take," and "habitat."⁴

Prohibitions (520 ILCS 10/3)

This section outlines the prohibited acts related to endangered and threatened species, including taking, possessing, transporting, selling, or offering for sale any such species.⁵

Permits (520 ILCS 10/4)

The Act establishes a permitting system that allows for certain activities that would otherwise be prohibited, provided that specific conditions are met and the activities do not jeopardize the survival of the species in question.⁶

Conservation Programs (520 ILCS 10/5)

This section authorizes the development and implementation of conservation programs designed to protect and enhance the populations of endangered and threatened species in Illinois.

Enforcement (520 ILCS 10/6)

The Act provides for enforcement measures, including penalties for violations and the authority for the Illinois Department of Natural Resources to investigate and prosecute offenses.⁷

It is essential for entities engaged in activities that may affect endangered or threatened species to consult the full text of the Illinois Endangered Protection Species Act and work closely with the Illinois Department of Natural Resources to ensure compliance with the regulation and to obtain any necessary permits or authorizations.⁸

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Illinois Endangered Protection Species Act establishes various standards and limitations to protect endangered and threatened species within the state. These standards may include restrictions on activities that could harm or disturb protected species, such as habitat modification, land development, or the use of certain substances.⁹ The Act also sets performance standards for projects that may impact protected species, requiring developers to minimize and mitigate any potential adverse effects.¹⁰

The Illinois Department of Natural Resources (IDNR) is responsible for implementing and enforcing these standards, often in collaboration with other state and federal agencies.¹¹ Developers and consultants must work closely with the IDNR to understand and comply with the specific standards and limitations applicable to their projects.

Monitoring, Reporting & Recordkeeping Obligations

Under the Illinois Endangered Protection Species Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the Act's standards and limitations and to track the status of protected species and their habitats.¹²

Monitoring requirements may include regular surveys of project sites to assess the presence and condition of protected species, as well as the effectiveness of any mitigation measures.¹³ Reporting obligations may involve submitting periodic reports to the IDNR detailing the results of monitoring activities and any other relevant information.¹⁴

Recordkeeping requirements may necessitate maintaining detailed records of all activities related to compliance with the Act, including monitoring data, mitigation plans, and correspondence with regulatory agencies.¹⁵

Developers and consultants should work closely with the IDNR to understand and fulfill the specific monitoring, reporting, and recordkeeping obligations applicable to their projects.

Enforcement Actions & Penalties

The Illinois Endangered Protection Species Act provides for various enforcement actions and penalties in cases of non-compliance. The IDNR, in cooperation with other state and federal agencies, is responsible for enforcing the provisions of the Act.¹⁶

Enforcement actions may include:

• Notices of violation
• Administrative orders
• Civil penalties
• Criminal penalties¹⁷

The severity of the enforcement action and the associated penalties will depend on factors such as the nature and extent of the violation, the potential harm to protected species, and the violator's compliance history.¹⁸

To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with the Act's requirements and engage early with the IDNR and other relevant agencies. Readers should consult the full text of the Illinois Endangered Protection Species Act and work closely with the IDNR to understand the specific enforcement provisions and penalty structures that may apply to their projects.¹⁹

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Illinois Endangered Protection Species Act has undergone several significant developments in recent years. In 2019, the Illinois General Assembly passed Public Act 101-0235, which amended the Act to include additional protections for threatened and endangered species and their habitats.²⁰ The amendment also strengthened the Illinois Department of Natural Resources' (IDNR) authority to enforce the Act and impose penalties for violations.²¹

Another notable development was the 2021 Illinois Supreme Court decision in People v. LeCompte, which upheld the constitutionality of the Act and affirmed the IDNR's authority to regulate activities that may harm endangered species or their habitats.²² This decision has significant implications for developers and environmental consultants, as it reinforces the need to comply with the Act and obtain necessary permits before proceeding with projects that may impact protected proudcies or their habitats.

Looking ahead, stakeholders should be aware of potential regulatory changes and policy shifts that may affect the implementation of the Illinois Endangered Protection Species Act. The IDNR is currently in the process of updating its list of threatened and endangered species, which may result in the addition or removal of certain species from the list.²³ Additionally, the agency is considering revisions to its permitting process to streamline the application and review procedures.²⁴

To stay informed about these developments, stakeholders can monitor the IDNR's website, sign up for email updates, and engage with industry associations such as the Illinois Environmental Council or the Illinois Association of Environmental Professionals. Participating in public comment periods and attending agency meetings can also provide valuable opportunities to provide input and stay current on regulatory changes.

Additional Resources

Illinois Endangered Species Protection Act (520 ILCS 10/): Full text of the Act, including all amendments and revisions.

Illinois Department of Natural Resources - Endangered Species Page: Official IDNR webpage with information on the Act, protected species lists, and permitting requirements.

IDNR Endangered Species Consultation Process Guide: Detailed guide on the consultation process for projects that may impact threatened or endangered species.

Illinois Natural History Survey - Endangered and Threatened Species of Illinois: Comprehensive resource on Illinois' endangered and threatened species, including species profiles, distribution maps, and conservation efforts.