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( ( l 1102953 Federal Register I Vol. 49, No. 191 I Monday. October 1. 1984 I Rules and Regulations 38909 (3) Disease or predation: (4) The inadequacy of existing regulatory mechanisms: or (5) Other natural or manmade factors affecting its continued existence. (d) The factors considered in delisting a epecies are those in paragraph (e) of this section as they relate to the definitions of endangered or threatened species. Such removal must be supported by the best scientific and commercial data available to the Secretary aner conducting a review of the status of the species. A species may be delisted only if such dala substantiate that it is neither endangered nor threatened for one or more of the following reasons: (1) Extinction. Unless all individuals of the listed species had been previously identified and located. and were later found to be extirpated from their previous range. a sufficient period of time must be allowed before deli sting to indicate clearly ~at the species is extinct. (2) Recovery. The principal goal of the U.S. Fish and Wildlife Service and th.. National Marine Fisheries Service is to return" listed species to a point at which protection under the Act is no longer required. A species may be de listed on the basis of recovery only if the best scientific and commercial data available indicate that it is no longer endangered or threatened. (3) Original dala for classljicalion in error. Subsequent invesligations may show that the best scientific or" commercial data a'VaHab\e when the species was listed. or the interpretation of such data. were in error. (e) The faclthat a species of fish, wildlife. or plant is protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (see Part 23 of this Title 50) or a similar international agreement on such species. or has been identified as requiring protection from unreslricted commerce by any foreign nation, or 10 be in danger of extinction or likely to become so within the foreseeable future by any State agency or by any agency of B foreign nation that is respon~ible for the conservation of fish. wildlife. or plants, may constitute evidence that the species is endangered or threatened. The weight given such evidence will vary depending on the international agreement in question. the criteria pursuant to which the species is eligible for protection under such authorities. and the degree of protection afforded the species. The Secretary shall give consideration to any species protected under such an international agreement. or by any State or foreign nation. to determine whether the species is endangered or threatened. (f] The Secretary shall take into account. in making determinations under paragraph (c) or (d) of this section. those efforts. if any. being made by any State or foreign nation. or any political subdivision of a State or foreign nation. to protect such species. whether by predator control. protection of habitat and food supply. or other conservation practices. within any area under its jurisdiction. or on the high seas. ~ 424.12 Criteria tor deslgnaUng critical habltaL (a) Critical habitat shall be specified to the maximum extent prudent and determinable at the time 8 species is proposed for listing. If designation of critical habitat is not prudent or if critical babitat is not determinable, the reasons for not designating critical habitat will be stated in the publication of proposed and final roles listing a species. A final designation of critical habitat shall be made on the basis of the best scientific data available. after taking inlo consideration the probable economic and other impacts of making such a designation in accordance with ~ 424.19. (1) A designation of critical babitat is not prudent when one or both of the following situations exist: . (i) The species is threatened by taking or other human activity. and identification of critical habitat can be expected to Increase the degree of such threat to the species. or (ii) Such designation of critical habitat would not be beneficial to the species. (2) Critical habitat is not determinable when one or both of the following situations exist: [i) Information sufficient to perform required analyses of the impacts of the designation is lacking. or (ii) The biological needs of the species are not sufficiently well known to permit identification of an area as critical habitat. (b) In determining what areas are critical habitat. the Secretary shall consider those physical and biological features that are essential to the conservation of a given species and that may require special management considerations or protection. Such requtrements include. but are not limited to the following: (1) Space for individual and population growth, and for normal behavior: (2) Food. water. air. light. minerals. or other nutritional or physiological requirements; (3) Cover or shelter; (4) Sites for breeding, reproduction. rearing of offspring. germination. or seed dispersal; and generally, (5) Habitats that are protected from . disturbance or are representative of the historic geographical and ecological distributions of a species. When considering the designation of critical habitat. the Secretary shall focus on the principal biological or physical constituent elements within the defined" area that are essential to the conservation of the species. Known primary constituent elements shall be listed with the critical habitat description. Primary constituent elements may include. but are not limiled to. the following: roost sites. nesting grounds. spawning sites. feeding sites. seasonal wetland or dryland. water quality or quantity. host species or plant pollinator. geological formation. vegetation type. tide. and specific soil types. (c) Each critical habitat will be defined by specific limits using reference points and lines as found on standard topographic maps of the area. Each area will be referenced to the" Staters). counly(ies). or other local governmental units within which all or part of th.. critical h.bitat ia localed. Unless otherwise indicated within the critical habitat descriptions. the names of the State(s) and county(ies) are provided for infonnation only and do not constitute the boundaries of the area. Ephemeral reference points (e.g.. trees. sand bars) shall not be used in derining critical habitat. (d) When several habitats. each satisfying the requirements for designation a5 critical habitat. are located in proximity to one another. an inclusive area may be designatp.d fls critical habitat. EJt.ample: Several dozen or more sma" ponds. lakes. and springS' are found in a small local area. The entire area could be designated critical babitat if iI were " concluded that the upland areas were " essentiallo the conservation of an aquatic 8pecies located in the ponds and lakes. (e) The Secretary shall design.t.. as critical habitat areas outside the geographical area presently occupied by a species only when 8 designation limited to its present range would be inadequate to ensure the conservation of the species. m Critical habitat may be designated for those species listed as threatened or endangered but for which no critical habitat has been previously designated. (g) Existing critical habitat may be revised according to procedures in this section as new data become available to the Secretary.