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U.s. FISH AND WILDLIFE SERVICE @ l"tqZ, Fish" Wildlife Service For more Information contact: Public Affairs U.S. Fish and Wildlife Service Region 6 P.O. Box 25486, DFC Denver, CO 80225 303-236-7904 DESIGNATING CRITICAL HABITAT UNDER THE ENDANGERED SPECIES ACT What is Critical Habitat? When a species is proposed for listing es.endangered,orthreatened, areas of habitat considered essential to its conservation may be proposed for designation as "critical habitat. " Critical habitat, under the Endangered Species Act, contains the physical and biological features essential to the conservation of a listed species, including space for growth and normal behavior; water, air, light, minerals, or other nutritional or physiological requirements, cover'or shelter; and sites for breeding and rearing offspring. Designated areas usually include only the habitat actually occupied by a species, but areas outside of the species' current range may also be included when considered essential to its survival and recovery. The specific areas determined to be essential to the conservation of a species must be legally described and mapped at the time they are proposed for designation as critical habitat. Under the Endangered Species Act, Federal agencies must consult with the Fish and Wildlife Service when actions they might take could affect a threatened or endangered species, or harm its critical habitat. However, even in cases where actions would harm a species or adversely modify or destroy its critical habitat, the Act requires the Service work with the involved agency to develop "reasonable and prudent" alternatives so the project might go forward. When and how is a critical habitat designated? The Act directs the Service to designate critical habitat for endangered and threatened species when "prudent and determinable." When a designation of critical habitat is believed to be prudent, the Service publishes a proposal in the Federal Reeister and solicits public comments. This usually is done in conjunction with a listing action, but if critical habitat is not considered determinable at that time, it can be proposed later. The Service may sometimes find formal designations of critical habitat not prudent because disclosing the exact location of a rare species may make it more vulnerable to collectors, curiosity seekers, or vandals. All interested parties are encouraged to comment and provide additional information on the proposal during a comment period. Information received in public comments and testimony is analyzed and considered in the final rule-making process. A final decision on critical habitat is made within 1 year of the proposal, unless a 6- month extension is neede~ to resolve scientific disagreement. If approved, the final rule generally becomes effective 30 days after publication in the Federal Reeister.