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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />000663 <br /> <br />The provisions of Section 7 were the first statutory prohibitions that directly <br /> <br />addressed habitat destruction. <br /> <br />In order for section 7 of the ESA to be applicable to a certain habitat area, <br /> <br />it must be designated as "critical habitat". A definition of critical habitat, <br /> <br />pertaining to endangered and threatened species, published jointly by the Fish <br /> <br />and Wildlife Service and the National Marine Fisheries Service in the Federal <br /> <br />Register of January 4,1978 (43 FR 870-876) stated: <br /> <br />"Critical habitat means any air, land, or water area (exclusive of those <br />existing man-made structures or settlements whieh are not necessary <br />to the survival and recovery of a listed species) and constituent elements <br />thereof, the loss of which would appreciably decrease the likelihood of the <br />survival and recovery of a listed species or a distinct segment of its <br />population. The constituent elements of critical habitat include, but are <br />not limited to: physical structures and topography, biota, climate, human <br />activity, and the quality and chemical content of land, water and air. <br />Critical habitat may represent any portion of the present habitat of a listed <br />species and may include additional areas for reasonable population <br />expansion. " <br /> <br />Shortly after this definition was incorporated into federal regulations, on May 15, <br />1978, the Department of Interior designated 86 kilometers of the central Platte <br />River as "critical habitat" (43 Federal Register 20938-20942), Figure 1. As a <br />result, future projects along the Platte River, from that time on, were required to <br />offset impacts to the critical habitat resulting from their intended action. <br />It is largely due to several proposed projects along the Platte River <br />system in the 1980's that studies were performed by federal and state agencies <br />and private firms to evaluate the effect of changes in river characteristics, such <br />as flow rate or geomorphology, and their impact on endangered or threatened <br />species, These studies have provided a much greater understanding of the <br />changes in the areal extent of the Platte River system habitats since pre- <br />settlement times. The two habitat components that have been reduced the most <br />are (1) open, un vegetated river channel, and (2) the grassland complex (Currier <br />et. al. 1985). According to Currier (et. al. 1985), an average 67% of the water- <br />carrying channel area has been lost and converted to brushland and forest in <br />the Big Bend reach. Within the 80.5 miles of the Big Bend reach of the Platte <br /> <br />5 <br />