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Critical Habitat, What Is U.S. Fish & Wildlife Service Critical Habitat What is it? When a species is proposed for listing as endangered or threatened under the Endangered Species Act (Act), we must consider whether there are areas of habitat we believe are essential to the species’ conservation. Those areas may be proposed for designation as “critical habitat.” The determination and designation of critical habitat is one of the most controversial and confusing aspects of the Act. Here are answers to some of the most frequently asked questions about critical habitat. What is critical habitat? Critical habitat is a term defined and used in the Act. It is a specific geographic area(s) that is essential for the conservation of a threatened or endangered species and that may require special management and protection. Critical habitat may include an area that is not currently occupied by the species Ash Meadows National Wildlife Refuge but that will be needed for its recovery. in Nevada provides critical habitat for An area is designated as “critical habitat” Do listed species in critical habitat areas eight threatened or endangered species. after we publish a proposed Federal receive more protection? Photo by Mike Bender regulation in the Federal Register and An area designated as critical habitat is then we receive and consider public not a refuge or sanctuary for the species. comments on the proposal. The final Listed species and their habitat are carry out will not jeopardize the survival boundaries of the critical habitat area is protected by the Act whether or not they of a threatened or endangered species. also published in the Federal Register. are in an area designated as critical habitat. To understand the additional ■ The Act also requires that Federal What is the purpose of designating protection that critical habitat provides agencies not only take actions to prevent critical habitat? to an area, it is first necessary to further loss of a species, but also pursue Federal agencies are required to consult understand the protection afforded to actions to recover species to the point at with us on actions they carry out, fund, any endangered or threatened species, which they no longer require special or authorize to ensure that their actions even if critical habitat is not designated protection and can be removed from the will not destroy or adversely modify for it. Federal List of Endangered and critical habitat. In this way, a critical Threatened Species. habitat designation protects areas that ■ The Act forbids the import, export, or are necessary for the conservation of the interstate or foreign sale of endangered The second item listed above is species. and threatened animals and plants expanded for those species with critical without a special permit. It also makes habitat. For these species, Federal A critical habitat designation has no “take” illegal – forbidding the killing, agencies must also ensure that their effect on situations where a Federal harming, harassing, pursuing, or activities do not adversely modify agency is not involved – for example, a removing the species from the wild. critical habitat to the point that it will no landowner undertaking a project on longer aid in the species’ recovery. In private land that involves no Federal ■ The Act requires that Federal agencies many cases, this level of protection is funding or permit. must consult with us to conserve listed very similar to that already provided to species on their lands and to ensure that species by the “jeopardy standard.” any activity they fund, authorize, or However, areas that are currently How do we determine what areas to occur or are likely to occur on their Myths & Realities designate as critical habitat? property, the Federal action agency will If critical habitat is designated, does Biologists consider physical and make this determination. Additionally, that mean no further development can biological habitat features needed for life our field office biologists can provide this occur? and successful reproduction of the assistance to a private landowner. No. A critical habitat designation species. These include: does not necessarily restrict further Does the Act require an economic development. It is a reminder to ■ space for individual and population analysis as part of designating critical Federal agencies that they must growth and for normal behavior; habitat? make special efforts to protect the Yes. We must take into account the important characteristics of these ■ cover or shelter; economic impact, as well as any other areas. benefits or impacts, of specifying any ■ food, water, air, light, minerals, or other particular area as critical habitat. We Does a critical habitat designation nutritional or physiological may exclude any area from critical affect all activities that occur within requirements; habitat if we determine that the benefits the designated area? of excluding it outweigh the benefits of No. Only activities that involve a ■ sites for breeding and rearing specifying the area as part of critical Federal permit, license, or funding, offspring; and habitat, unless we determine that the and are likely to destroy or failure to designate the area as critical adversely modify the area of critical ■ habitats that are protected from habitat will result in the extinction of the habitat will be affected. If this is the disturbances or are representative of the species. case, we will work with the Federal historic geographical and ecological agency and, where appropriate, distributions of a species. Does this economic analysis have any private or other landowners to amend effect on the decision to list a species as their project to allow it to proceed The areas shown on critical habitat maps threatened or endangered? without adversely affecting the are often large. Are all the areas within No, under the Act, a decision to list a critical habitat. Thus, most Federal the mapped boundaries considered species is made solely on the basis of projects are likely to go forward, but critical habitat? scientific data and analysis. some will be modified to minimize No. Only areas that contain the primary harm to critical habitat. constituent elements required by the How many species have critical habitat species are considered critical habitat. designations? Primary constituent elements are those Critical habitat has been designated for physical and biological features of a 150 of the 1,231 species listed as unoccupied by the species, but which are landscape that a species needs to survive threatened or endangered. needed for the species’ recovery, are and reproduce. protected by the prohibition against Why haven’t we designated critical adverse modification of critical habitat. Why are large areas shown on critical habitat for more species? Such unoccupied areas are rarely habitat maps if the entire area is not After a Congressional moratorium on protected by the prohibition against actually considered critical habitat? listing new species ended in 1996, we jeopardizing the survival of the species. It is normal for habitat features to vary faced a huge backlog of species needing greatly over short distances. In such to be proposed for listing as threatened Must Federal agencies consult with us cases, precisely mapping critical habitat or endangered. For this reason, we have outside critical habitat areas? boundaries is impractical or impossible, assigned a relatively low priority to Yes, even when there is no critical habitat because many large maps would be designating critical habitat because we designation, Federal agencies must necessary. In addition, as habitat features have believed that a more effective use of consult with us to ensure any action they change over time the constituent our limited staff and funding has been to carry out, fund, or authorize is not likely elements may appear in new areas, or place imperiled species on the List of to jeopardize the continued existence of a disappear from other areas, resulting in Endangered and Threatened Species. listed species. changes in where critical habitat occurs over a period of years. Our approach is to Additionally, the critical habitat What is the impact of a critical habitat precisely describe the constituent designation usually affords little extra designation on economic development? elements, and to map the general areas protection to most species, and in some Most activities that require a Federal in which these constituent elements cases it can result in harm to the species. agency to consult with us proceed with occur or are likely to occur. This harm may be due to negative public little or no change. If modification of the sentiment to the designation, to project is necessary, it is likely that those How do landowners and land managers inaccuracies in the initial area designated, modifications would have been necessary know what areas within the critical and to the fact that there is often a anyway, in order to avoid jeopardy. habitat maps actually contain the misconception among other Federal However, in areas where the species is constituent elements and are therefore agencies that if an area is outside of the not currently present, there may be protected by the Act? designated critical habitat area, then it is some project modifications that would The Federal agency responsible for of no value to the species. not have occurred without the critical funding, permitting, or authorizing the habitat designation. project is always responsible for U.S. Fish & Wildlife Service determining whether critical habitat will Division of Endangered Species be affected by the project. Thus, in cases 703/358 2105 where a landowner is unable to recognize http://endangered.fws.gov whether or not the constituent elements Revised May 2000.
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