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<br />553Z
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<br />Federal Register I Vol. 58, No,
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<br />18 I Friday, January 29. 1993 I Proposed Rules
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<br />which are necesS8Ij' to bring any
<br />endangered speci.. orthreatened
<br />speci.. to the point at which the
<br />",easures provided pursuant to this Act
<br />BiB no longer necessary.
<br />Therefore. in the case of critical
<br />habitat. conservation represents the
<br />dl'e3S required to recover a spocies to the
<br />point of delisting (i.ii~; the spocies is
<br />recovered and is removed from the list
<br />of endangered and threatened species),
<br />In this context. critical habitat preserves
<br />options for a species' eventual recovery,
<br />Section 3(S)(C) further stat.. that the
<br />entire geograpbicalllretl which can be
<br />occupied hy the species shall not ba
<br />included in critical habitat except in
<br />special circunistances.
<br />The designation of critical habitat will
<br />not. by itself. lead to recovery, but is one
<br />of several mlltl8UI9!l available to
<br />contribute to conservation of a species.
<br />Critical habitat helps focus conservation
<br />uctiviti.. by identifying areas that
<br />contain ..aentia! habitat features
<br />iorimarv constituent elements)
<br />reglU'dle.. of wheth... or not ,they are
<br />currently occupied by the listed species,
<br />Such designations ale1'l Fedora!
<br />Agencies, States. the puhlic. and other
<br />entities about the importance of an area
<br />for tha conservation of a listed species,
<br />Critical bahitat can also identify areas
<br />that may require special management or
<br />protection, Areas designated a. critical
<br />habitat receive protection under section
<br />7 of the Act with reganfto actions
<br />carried out. funded. or authorized hy a '
<br />Federal Agency which 8l1llikely to
<br />adversely modify or destroy critical
<br />habitat Section 7 requires that Federal
<br />Agencies consult on their actions which
<br />may affect critical habitat and ensure
<br />that their actions are not likely to
<br />destroy or adversely modify critical
<br />habitat. It also requires conferences on
<br />Federal actions which are likely to
<br />result in the modification or destruction
<br />of proposed critical habitat, Excapt for
<br />these added consultation (designated
<br />critical habitat} and conference
<br />(proposed critical babitat) requirements
<br />provided under soction 7, the Act does
<br />not have other requirements relating to
<br />critical habitat.
<br />Designation of critical habitat only
<br />affects Federal actions, and it is useful
<br />in notifying Federal Agencies about
<br />areas that are important to a listed
<br />species. Designation does not craBte a
<br />mana~emant plan for a listad species,
<br />Designation does not prohibit certain
<br />actions, entail specific habitat
<br />requirements. establish numencal
<br />population goals. prescribe specific
<br />rr.anagement actions (inside or outside
<br />of critical habitat), nor does it have a
<br />direct effect on habitat not designated as
<br />cntir:al habitat. However. critical habitat
<br />
<br />may provide added protection for area.
<br />designated and thus shorten tha time
<br />needed to achieve reco""'Y'
<br />Areas designated as cril!all habitat are
<br />essential to the conservation of a .
<br />species, Areas not included in critical
<br />habitat that contain one or more of tho
<br />essential elements may still be
<br />important for conservation of 8 species
<br />and may be protected by other
<br />provisions of the Act, by other
<br />conservation laws, and by agency
<br />regulations, Also. some IlrM8 may no
<br />longer contain Borne of the constituent
<br />elements, but these elements may be
<br />restored in the future, These areas mey
<br />also be essential for the long-term
<br />recovery of the spocies and. therefore.
<br />may be designated as critical habitat..
<br />However. not all areas containing
<br />habitat features of a listed apecies are
<br />necessarily essential for its rurvival and
<br />recovery, Although designated. critical
<br />habitat also may be of considerable
<br />value in maintaining ecosystem
<br />integrity and supporting other species,
<br />thase attributes are only considered in
<br />the economic analysis and exclusion
<br />process.
<br />
<br />Determination of Critical Habitat
<br />
<br />GenemJ
<br />
<br />The primary constituent elements end
<br />additional selection critaria used to
<br />propose aitical hahitat areas are
<br />presented in this rule. Detailed
<br />descri ptions end biological basis for the
<br />constituent elements will be presented
<br />in the biological support document, In
<br />determining which areas to designata as
<br />critical habitat for a species. the Service
<br />collSidersthosa physkal and biological
<br />attributes that are essential to species,
<br />conservation (i,e.. constituent elsmants),
<br />In addition. the Act stipulates that the
<br />areas containing these elements may
<br />require special mllJUl8"ment
<br />considerations or protection. Such
<br />physical and biological featurea are
<br />stated in 50 CFR 424.12 and include.
<br />but are not limited to. the following
<br />items:
<br />(1) Space for individual and
<br />population growth. and for normal
<br />behavior:
<br />(2) Food. water. air, light. minerals. or
<br />other nutritional or physioiogical
<br />requirements;
<br />(31 Cover or shelter:
<br />(4) Sites for breeding. reproduction.
<br />rearing of offspring. germination. or
<br />seed dispersal: and generally:
<br />(5) Habitats that are protected from
<br />disturbance or are representative oi
<br />the historical geographical and
<br />ecological distributions of a species.
<br />L, considering the biological basis for
<br />proposing critical hahitat, the Service
<br />
<br />focuses op the primary physical and
<br />biological elemenll thaI are ..sentialto
<br />theronservation of the species without
<br />consideration of land or water
<br />owD.9TShip or management. The Service
<br />is required to list the known primary
<br />constituent elements together with a
<br />description of any, critical habitat that is
<br />proposed, '
<br />The primary constituent elements
<br />determined necessary to the survival
<br />a:>d recovery of the four Colorado River
<br />endangered fishes include, but are not
<br />limited to:
<br />
<br />Water
<br />
<br />This includes a quantity of water of
<br />sufficient quality (i.e,. temperature.
<br />dissolved oxygen, contaminants.
<br />nutrients, turlridity. etc.) that Is
<br />delivered to a specific location in
<br />accordance with a hydrologic regime
<br />that is required for the particuler life
<br />stage for each species,
<br />
<br />Physical Habitot
<br />
<br />This includes areas of tha Colorado
<br />River system that are inhabited 0<
<br />potentially habltable fur use in
<br />spawning. nursery. faeding. and rearing.
<br />or comden betwean theee lU8ll8.1n
<br />addition to river channels. these areas
<br />also include bottomlands. side
<br />channels. secondary channels. oxbows.
<br />backwaters. and other areas in tha 100-
<br />year floodplain, which when inundated
<br />provide spawning, nursery. feeding and
<br />rearing habitats, or access to these
<br />hahitats,
<br />
<br />Biological Environment
<br />
<br />Foodsupply.pr&dation.and
<br />competition are important elements of
<br />the biological environment and are
<br />considered components of this
<br />constituent element, Food supply is a
<br />function of nutrient supply,
<br />productivity. and availability to each
<br />life stage of the species. Predation.
<br />aithough considered a normal '
<br />component of this environment. may be
<br />out of balance due to introduced fish
<br />species in some areas. This may also be
<br />true of competition. particularly from
<br />nonnative fish species.
<br />These primary constituent elements
<br />are interrelated in tho life history of
<br />these four endangered fishes. This
<br />relationshio was a-urime consideration
<br />in selectiOl; of proposed critical habitat
<br />for the fishe..
<br />Only those ereas in the 1oo.Y"ar
<br />floodplain that contain the constituent
<br />elements will be considered part of
<br />critical habitat, The Service stIesses that
<br />although critical habitat may only be
<br />seasonaily occupied by the fish. such
<br />,hahitat remains impor.ant for their
<br />conservation.
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