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<br />back sucker was listed, the SCLDF filed another lawsuit <br />and compelled the FWS to designate its critical habitat. <br />The FWS then decided to combine the designation for <br />the razorback with designations for the other three list- <br />ed fish species. The final designation of critical habitat <br />for all four fishes was published in March 1994. <br /> <br />Critical habitat is defined as a "geographic area" with <br />the physical and biological features that are "essential" <br />to the conservation of a listed species, whether currently <br />occupied by that species or not. Under the ESA, con- <br />serving a listed species means bringing it back to the <br />point at which it no longer needs to be protected by the <br />ESA - to the point of recovery and de-listing. The <br />geographic area designated as critical habitat may there- <br />fore be greater than what is needed for survival. The <br />FWS may exclude areas from the designation if the eco- <br />nomic impacts of the designation outweigh the benefits <br />of designation, but only where such an exclusion will <br />not undermine species survival. Where the economic <br />impacts do not outweigh the benefits to the listed <br />species, the designation must not only include areas to <br />avoid extinction, but also those needed for recovery. <br /> <br />In designating critical habitat for the listed fishes of the <br />Colorado River, the FWS identified the following phys- <br />ical and biological attributes or "constituent elements" <br />as essential to recovery: <br /> <br />... Water in sufficient quantity and quality delivered to <br />a specific location and in a hydrologic regime as need- <br />ed for any life stage of the listed fishes. <br /> <br />... Physical habitat needed for spawning, nursery, feed- <br />ing, and rearing, including the river corridors between <br />such areas and bottomlands, side channels, secondary <br />channels, oxbows, backwaters, and other such habitat <br />within the 100 year floodplain. <br /> <br />... Biological environment including food and nutrient <br />supply and freedom from competition with and preda- <br />tion by non-native fishes. <br /> <br />The FWS did not quantify these elements or specify <br />their location but designated critical habitat as wherev- <br />er such constituent elements occurred for each of the <br />four listed fishes within 1,980 river and reservoir miles <br />throughout the Colorado River Basin and the 100 year <br />floodplain for those reaches. The designation was <br />bounded by some river reaches that may not be <br />presently occupied by the listed fishes, but fell well <br />short of their historic range. For example, no critical <br />habitat for the Colorado squawfish was designated in <br />the Lower Basin. Several reaches were dropped from <br />the designation in the Lower Basin for biological rea- <br />sons: the Colorado River from Davis Dam downstream <br />to Toprock Marsh for the bonytail, and several tribu- <br />taries to the upper Salt, Verde, and Gila Rivers and the <br />mainstem of the Verde River from Sullivan Lake to <br />Perkinsville for the razorback. But no reaches were <br />eliminated based on the economic or other impacts of <br />the designation. The FWS concluded that most of the <br />economic impacts were generated by the listing of the <br />fishes and the consequent protections under the ESA <br />other than critical habitat designation. The finally des- <br />ignated river reaches are shown in Figures 2-5. <br /> <br />The FWS was clear that the designation was not meant <br />to include all land within the 100 year floodplain - it <br />only covered those areas in which the identified con- <br />stituent elements were present, which could exclude <br />most developed areas of the floodplain, and much of <br />the shoreline for the designated reaches was publicly <br />owned. Nor does the designation imply that any reser- <br />voirs along the specified river reaches have to be con- <br />tinuously maintained at their full pool elevations - <br />the reservoirs and their pool elevations in the Lower <br /> <br />45 <br />