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44 PACE ENVIRONMENTAL LAW REVIEW rvol. 11 to invoke the protections of the Act.47 The section al~,. LLrects the Secretary to designate "critical habitat,"48 unless doing so would harm the species,49 for instance, by alerting collectors to the location of an endangered plant. The ESA defines "crit- ical habitat" as: (i) the specific areas within the geographical area occupied by the species, at the time it is listed. . . on which are found those physical or biological features (1) essential to th~ conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed. ., upon a determina- tion by the Secretary that such areas are essential for the conservation of the species. 50 In a rare concession to economic interests, the ESA explicitly authorizes the Secretary to weigh the benefits of designating an area as critical habitat against the benefits of excluding it, unless the area's exclusion would result in a species' extinc- tion.51 The Secretary must make this consideration based on the "best scientific data available and after taking into con- sideration the economic impact, and any other relevant impact. "52 47. The Secretary's responsibilities under section 4 of the ESA, 16 D.S.C. ~ 1533 (1988), include: creating lists of endangered and threatened species, 16 D.S.C. ~ 1533(c)(l) (1988); publishing these lists, 16 D.S.C. ~ 1533(c)(I) (1988); reviewing these published lists, 16 D.S.C. ~ 1533(c)(2) (1988); issuing protective regulations for listed species, 16 D.S.C. ~ 1533(d) (1988); developing and imple- menting recovery plans for the conservation and survival of the endangered and threatened species, 16 D.S.C. ~ 1533<0 (1988); implementing a system to moni- tor all species which have recovered and have been removed from the list, 16 D.S.C. ~ 1533(g) (1988); and establishing and publishing agency guidelines to insure that the purposes of section 1533 are achieved, and under section 7 of the ESA, 16 D.S.C. ~ 1536 (1988), reviewing other programs and consulting with other agencies. 48. 16 D.S.C. ~ 1533(a)(3)(A) (1988). 49. 16 D.S.C. ~ 1533(bX2) (1988). 50. 16 D.S.C. ~ 1532(5)(A) (1988). 51. 16 D.S.C. ~ 1533(b)(2) (1988). 52. 16 D.S.C. ~ 1533(bXIXB)(ii) (1988). 199 ~. ;i;I"'c the '~ ing an; ciei sho gag "ha dat can bre is E 9's eve lUU apI eas as ofi all cor, of ( an~ pre ~~ See .,-~ afE .- .~ ha' '.. ~ ..'.:i, .- f prel :., cro~ 72( TO]