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1.2 REGULATORY CONSIDERATIONS <br />Central to the purposes of the Endangered Species Act of 1973 (the Act) in <br />providing for the survival and recovery of endangered or threatened species, is <br />the protection of "critical habitat". In accordance with Section 7 of the Act, <br />all Federal agencies and departments are required to insure that actions <br />authorized, funded, or carried out by than do not result in the destruction or <br />modification of habitat determined to be critical to the continued existence of <br />a listed species. Interpretation of the term "critical habitat", as published <br />Jointly by the U. S. Fish and W it dl ife Service and the National Marine Fisheries <br />Service in the April 25, 1975 and January 4, 1978 issues of the Federal <br />Register (40 FR 17764 -17765 and 43 FR 870 -876, respectively), is as follows: <br />"'Critical habitat? means any air, land or water area <br />(exclusive of those existing man -made structures or <br />settlements which are not necessary to the survival and <br />recovery of a listed species) and constituent elements <br />thereof, the loss of which would appreciably decrease the <br />1 ikel ihood of the survival and recovery of a 1 isted speci es <br />or a distinct segment of its population. The constituent <br />el ements of cri ti cal habi tat i nci ude, but are not 1 imited to: <br />physical structures and topography, biota, climate, human <br />activity, and the quality and chemical content of land, <br />water, and air. Critical habitat may represent any portion <br />of the present habitat of a 1 isted species and may i ncl ude <br />additional areas for reasonable population expansion. " <br />The regulations for Interagency Cooperation specified in the January 4, 1978 <br />Federal Register (43 FR 870) provide further definition and guidance. As <br />stated: <br />"The Director will consider the physiological, behavioral, <br />ecological, and evolutionary requirements for survival and <br />recovery of 1 isted species in determining what areas or parts <br />of habitat are critical. These requirements include, but are <br />not 1 imited to: <br />(1) Space for individual and population growth and for normal <br />behavior; <br />(2) Food, water, air, light, minerals, or other nutritional <br />or physiological requirements; <br />(3) Cover or shelter; <br />(4) Sites, for breeding, reproduction, or rearing of <br />offspring; and generally, <br />(5) Habitats that are protected from disturbances or are <br />representative of the geographical distribution of listed <br />s pe ci es. " <br />Thus, the concept of habitat being the principal limiting f actor of concern is <br />clearly embodied in both the definition and regulations. It is also apparent <br />1 -2 <br />