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<br />.' <br /> <br />ample, the Kauai forest birds recovery plan (US Fish <br />and Wildlife Service 1983) details the essential habitat <br />for six species. The essential habitat will provide the <br />space necessary for the continued existence and <br />growth of the populations of the Kauai forest birds. <br />The recovery plan states: "All activities involving fed- <br />eral agencies that would alter or destroy the land, <br />water, air quality, and vegetation, or cause mortality <br />to, or harassment of, the endangered birds, would be <br />prohibited." This sounds similar to a CHD, but <br />without the supposed "hassles" of a CHD. There is still <br />that underlying theme that some sort of habitat desig- <br />nation/notification is necessary. Essential habitat is not <br />a legal designation as is CHD, but may be an effective <br />alternative to CHD in guiding federal agencies. Re- <br />cently, the FWS purchased land for a NWR for several <br />endangered Hawaiian forest birds. <br />Concerning the issue of the prudence of a CHD, <br />certain points are evident. It is reasonable that the <br />publication of CH locations in the Federal Register <br />could call attention to the location of listed species, al- <br />though CH locations are often not detailed to exact <br />sites. Not designating CH may merely delay the even- <br />tual location of listed species through other means. <br />Each proposed and final listing rule states that the <br />complete flle for the rule is available for inspection at a <br />designated government office. These flles often con- <br />tain detailed locations of species. In addition, the ref- <br />erences or literature cited section of a final or pro- <br />posed rule often contains published and unpublished <br />sources detailing species locations. More important is <br />the likelihood that in the years ahead the location of <br />species such as cacti will be found out one way or an- <br />other. It is unlikely that locations can be kept secret <br />indefinitely. The nondesignation of CH is at best a <br />stop-gap measure in preventing taking and vandalism. <br />Judgments of prudence in designating CH are <br />often difficult and require the balancing of risks and <br />benefits. Often the benefits are not clear even in the <br />absence of potential taking and vandalism. For ex- <br />ample, in the CHDs for the Hiko White River spring- <br />fish (Crenichthys baileyi grandii) and the White River <br />springfish (Crenichthys baileyi baileyt) , the FWS con- <br />tended that environmental and other benefits may ac- <br />crue from the CHDs (50 Federal Register 39123). How- <br />ever, no quantifiable estimate of the magnitude of <br />benefits of CHD could be developed. The FWS stated: <br /> <br />Difficulties in estimating these benefits stem from: (1) Uncertainties <br />about the nature and extent of the possible additional protection for <br />the two springfishes that might result from the critical habitat desig- <br />nations; and (2) difficulties inherent in developing units of measure <br />that adequately represent the social value of identifying, protecting, <br />and conserving critical habitat for these fish species. <br /> <br />Critical Habitat Designation 435 <br /> <br />The benefits of a CHD may not be immediately ap- <br />parent or determinable, but this may be due to the <br />limits of techniques to determine benefits or uncer- <br />tainty concerning the future protection that a CHD <br />may provide. <br /> <br />Critical Habitat Designation and Section 7 <br /> <br />Congress intended CHD to provide species protec- <br />tion. Together with the jeopardy standard, CHD <br />should provide the means to protect species where <br />federal projects and activities are undertaken. But can <br />the jeopardy standard alone adequately pl'otect <br />species? Several examples serve to address this ques- <br />tion. As mentioned, proposed CH for the endemic <br />Key Largo woodrat and cotton mouse was withdrawn. <br />Since the listing of the two species, a major Section 7 <br />consultation between the Rural Electrification Admin- <br />istration and the FWS was completed and the lack of <br />CHD did not affect the resultant biological opinion, <br />which recommended that federal funding not subsi- <br />dize electrical delivery to hammock areas supporting <br />the two species. The FWS anticipates that any future <br />consultations would likewise protect the species and <br />their habitat without CHD. It is likely that, for listed <br />species endemic to a small area, CHD is not often nec- <br />essary. <br />The orange-footed pearly mussel (Plethobasus coo- <br />perianus) is an endangered species known to exist at <br />only a few sites in the Tennessee and lower Ohio <br />Rivers. Existing navigation activities on the lower Ohio <br />River are placing considerable stress on mussel beds in <br />the form of spills, barge traffic, fleeting, beaching, and <br />barge cleaning. Even though the river is not desig- <br />nated as CH, a recently proposed barge-fleeting <br />project on the river was judged likely to jeopardize the <br />continued existence of the mussel. Similarly, a jeop- <br />ardy opinion was given in the case of a barge terminal <br />on the Mississippi River because the project area was <br />directly above one of seven sites identified as essential <br />habitat for the Higgins eye pearly mussel (Lampsilis <br />higgirm ). <br />For the red-cockaded woodpecker (Picoides (=Den- <br />drocopos) borealis), a wide-ranging species without CHD, <br />a jeopardy opinion was made concerning timber plans <br />by the US Forest Service's Southern Region in order to <br />protect the bird's habitat, old-growth forests on <br />southern national forests (Fosburgh 1985). <br />Because the ESA can protect species with and <br />without CHD, CHD may be redundant to the other <br />consultation requirements of Section 7. However, ex- <br />tensive CH recently was designated for the Hawaiian <br />monk seal (Monachus schauinslandt) because CHD may <br />