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Critical Habitat Designations Affect Only the ESA

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Critical Habitat Designations Affect Only the ESA U.S. Fish & Wildlife Service Critical Habitat What is it? When the Fish and Wildlife Service proposes a species for listing under the Endangered Species Act, we are required to consider whether there are geographic areas that contain essential features on areas that are essential to conserve the species. If so, we may propose designating these areas as critical habitat. Here are answers to some of the most frequently asked questions about critical habitat. What is critical habitat? Critical habitat is the specific areas within the geographic area, occupied by the species at the time it was listed, that contain the physical or biological features that are essential to the conservation of endangered and threatened species and that may need special management or protection. Critical habitat may also include areas that were not occupied by the species at the time of listing but are essential to its conservation. Photo of Ash Meadows National Wildlife Refuge by Mike Bender, USFWS An area may be excluded from critical Photo of the Devil’s Hole pupfish habitat designation based on economic by Olin Feurerbacher, USFWS impact, the impact on national security, or any other relevant impact, if we determine that the benefits of excluding it outweigh the benefits of including it, unless failure to designate the area as critical habitat may lead to extinction of a range of activities involving such How does the Fish and Wildlife Service the species. species without a permit for purposes determine areas to designate as critical consistent with conservation goals of habitat? Critical habitat designations affect only the ESA. These activities include take, Federal agency actions or federally import, export, and interstate or foreign Biologists consider physical and funded or permitted activities. Critical commerce. “Take” includes kill, harm, biological features that the species habitat designations do not affect harass, pursue, hunt, capture, or collect needs for life processes and successful activities by private landowners if or to attempt to engage in any such reproduction. These features include: there is no Federal “nexus”—that is, conduct. no Federal funding or authorization. n space for individual and population Federal agencies are required to avoid The ESA requires Federal agencies growth and for normal behavior; “destruction” or “adverse modification” to use their authorities to conserve of designated critical habitat. The ESA endangered and threatened species and n cover or shelter; requires the designation of “critical to consult with the Fish and Wildlife habitat” for listed species when “prudent Service about actions that they carry n food, water, air, light, minerals, and determinable.” out, fund, or authorize to ensure that or other nutritional or physiological they will not destroy or adversely modify requirements; What provisions of the Endangered critical habitat. The prohibition against Species Act relate to critical habitat? destruction and adverse modification of n sites for breeding and rearing critical habitat protects such areas in the offspring, germination, or seed dispersal; To protect endangered and threatened interest of conservation. and species, the ESA makes unlawful Does the ESA require consideration of economic impacts as part of designating Myths & Realities critical habitat? Does designating critical habitat mean no further development can occur? Yes. The Service is required to consider potential economic impacts, as well No. A critical habitat designation does not necessarily restrict further as any other benefits or impacts of designating critical habitat—and development. It is a reminder to Federal agencies of their responsibility to may exclude an area if the benefits of protect the important characteristics of these areas. excluding it outweigh the benefits of including it unless that would result in Does a critical habitat designation affect all activities that occur within the the extinction of the species. designated area? Do economic considerations affect No. Only activities that involve a Federal permit, license, or funding, and decisions to list a species as an are likely to destroy or adversely modify critical habitat will be affected. If endangered or threatened species? this is the case, we will work with the Federal agency and landowners— including private landowners—to amend their project to enable it to No, the Act requires listing decisions proceed without adversely affecting critical habitat. Most Federal projects to be made solely on the basis of the are likely to go forward, but some may be modified to minimize harm. best available scientific and commercial information. What is the impact of a critical habitat designation on economic development? Most activities that require consultation n habitats that are protected from What is the purpose of designating by Federal agencies proceed without disturbances or are representative of the critical habitat? modification. In areas where the species historical geographical and ecological is not present, some project modifications distributions of the species. Designating areas as critical habitat does not establish a refuge or sanctuary that would not have occurred without What is the process for designating for a species. Critical habitat is a tool the critical habitat designation may be critical habitat? to guide Federal agencies in fulfilling required. For example, the U. S. Army their conservation responsibilities by Corps of Engineers may schedule a The Service may propose to list a species requiring them to consult with the beach renourishment project—that is, and concurrently propose to designate Service if their actions may “destroy adding sand to a beach to stabilize it— critical habitat, or it can address a or adversely modify” critical habitat before or after the nesting season of sea species’ critical habitat up to a year for listed species. A critical habitat turtles to avoid harm to the sea turtles, after the date of its listing. The Service designation helps to protect areas— their eggs, or their hatchlings. proposes a critical habitat designation, occupied and unoccupied—necessary publishing it in the Federal Register to conserve a species. Critical habitat Which species have critical habitat and requesting public comments. We has value in requiring the Service to designated? may modify a proposal as a result of gather more detailed information about a A list of all ESA protected species with information provided in public comments. species than what is required for listing, designated critical habitat can be viewed We base our final designation of critical thereby increasing knowledge to share online at https://ecos.fws.gov/ecp/report/ habitat on the best scientific data with Federal agencies—and, in turn, table/critical-habitat.html available, after taking into consideration increasing their effectiveness to conserve the probable economic and other impacts a listed species. of the designation. After reviewing the comments, the Service responds to them Are all the areas within the mapped and publishes a rule, including final boundaries considered critical habitat? boundaries, in the Federal Register. U. S. Fish and Wildlife Service No. Our rules typically exclude developed Endangered Species Program Are Federal agencies required to consult areas such as buildings, roads, airports, 5275 Leesburg Pike with the Fish and Wildlife Service outside parking lots, piers, and similar facilities. Falls Church, VA 22041 critical habitat areas? Accompanying text describes those 703-358-2171 areas. http://www.fws.gov/endangered/ Yes, even when there is no critical habitat designation, Federal agencies Critical habitat is designed to protect the March 2017 are required to fulfill their conservation essential physical and biological features responsibilities by consulting with the of a landscape and essential areas in Service if their actions “may affect” the appropriate quantity and spatial listed species. The requirement helps arrangement that a species needs to to ensure that Federal agencies do not survive and reproduce and ultimately be contribute to the decline of endangered conserved. and threatened species or their potential for recovery. .
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