Piping Plover Habitat Fact Sheet

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FACT SHEET CRITICAL HABITAT DESIGNATION FOR THE PIPING PLOVER As the result of a lawsuit filed by Defenders of Wildlife, the U. S. Fish and Wildlife Service is required by court or.der to complete designation of critical habitat for the piping plover by March 15, 2002. The distribution of the piping plover extends through the Great Plains region of the United States including the Platte River. The following are frequently asked questions concerning critical habitat designations: WHAT IS CRITICAL HABITAT? Critical habitat is a term used in the Endangered Species Act. It refers to specific geographic azeas that aze essential for the conservation of a threatened or endangered species and which may require special management considerations. These areas do not necessarily have to be occupied by the species at the time of designation. DO LISTED SPECIES IN CRITICAL HABITAT AREAS RECEIVE MORE PROTECTION? Added protection is minimal. An azea designated as critical habitat is not a refuge or special conservation azea. The only benefit is that once an area is designated as critical habitat, Federal agencies are required to consult with the Service on actions they carry out, fund, or authorize that may adversely modify that critical habitat. However, even when there is no critical habitat designation, Federal agencies must consult with the Service whenever they carry out, fund, or authorize any activity that could potentially jeopardize a listed species. For most species, the two consultation standards - with or without critical habitat - are virtually identical. WHAT DOES A CRITICAL HABITAT DESIGNATION MEAN TO A PRIVATE LANDOWNER? A critical habitat designation has no effect on situations where a federal agency is not involved -- for example, a landowner undertaking a project on private land that involves no federal funding or permit. HOW WILL THE DESIGNATION OF CRITICAL HABITAT AFFECT EXISTING AND FUTURE WATER RIGHTS? HOW WILL IT AFFECT ME AS A WATER USER? It shouldn't. Critical habitat designation does not modify nor nullify any existing State water laws, compact agreements, or treaties. The need to consult on development activities occurred when the endangered species were listed, not with the designation of critical habitat. Because the Platte River Cooperative Agreement already takes into account species' habitat needs, there should little effect beyond that which is already being considered.