Title: FORUM Critical Habitat Designation: Is It Prudent?
Abstract:The critical habitat provision of the US Endan- gered Species Act was believed by many to be a key feature of the Act. It was believed that this provision would benefit federally listed endangered and...The critical habitat provision of the US Endan- gered Species Act was believed by many to be a key feature of the Act. It was believed that this provision would benefit federally listed endangered and threatened species. How- ever, only 23% of the listed species in the United States have their critical habitats designated. The current trend is to forego critical habitat designation because the federal gov- ernment believes that the Endangered Species Act can pro- tect most listed species without resort to the critical habitat provision. Required publication of critical habitat locations in the Federal Register may draw vandals and collectors to rare species. In other cases, existing habitat protection already provides adequate protection for species. In a few instances critical habitat changes over time and is difficult to delineate. Lastly, designating critical habitat is time consuming, delays species listing, and is controversial, detracting from the posi- tive image of the Endangered Species Act. Critical habitat designation (CHD) for federally listed endangered and threatened species in the United States is one of the most controversial and mis- understood provisions of the Endangered Species Act of 1973 (ESA), as amended. Although some have called CHD of central importance to the endangered species program (Bean 1983, Drabelle 1985), state and federal agencies and others disagree over the adminis- trative usefulness of CHD (Sheppard 1980). Some be- lieve that CHD affords all the necessary protection and management for recovery of listed species (Shep- pard 1980), but it is lagging behind other activities under the ESA (Drabelle 1985). The ESA mandates the listing of qualified species, which include any species or subspecies of fish, wild- life, or plant, and any distinct population segment of any vertebrate species that interbreeds when mature. Endangered species means a species that is in danger of extinction throughout all or a significant portion of its range. Threatened species means any species that is likely to become an endangered species within the fore- seeable future throughout all or a significant portion of its range (49 Federa ! Register 38900-38912). Currently, at the time of a species listing, the ESA requires a CHD where prudent and determinable. CHDs are limited to listed species within the United States and its territories. The US Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are the two federal agencies responsible for listing and CHD. Nearly all listings and CHDs have been clone by the FWS. Like any government program, the endangered species program involves costs and staff-hours. Alloca- tion of resources for listing species is based on a pri-Read More
Publication Year: 1987
Publication Date: 1987-01-01
Language: en
Type: article
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