Section 1080.70 Separability, Exclusions
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Illinois Administrative Code › Title 17 CONSERVATION › CHAPTER I: DEPARTMENT OF NATURAL RESOURCES › Part 1080 INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.70 Separability, Exclusions
Text
Section 1080
Section 1080.70
Separability, Exclusions
a) Authorization for incidental taking shall be separate and
distinct from any other action of the Department. Issuance of any permit,
license or authorization by the Department under any authority other than that
granted in Section 5.5 of the Illinois Endangered Species Protection Act shall
not constitute authorization for incidental take. Issuance of any permit,
license or authorization by the Department under any authority other than that
granted in Section 5.5 of the Illinois Endangered Species Protection Act shall
not be interpreted as an assurance that incidental take authorization will be
issued.
b) Certain activities that are planned, designed and executed for
the benefit of one or more endangered or threatened species and may result in
the incidental take of individuals of those species are exempt from the
provisions of this Section. Exempt activities shall be those listed in 17 Ill.
Adm. Code 1075.30(c). The Department shall have the right to require persons
carrying out such activities to submit information to justify the claimed
exemption from this Section.
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