424.12—Criteria for designating critical habitat.
(a)
Critical habitat shall be specified to the maximum extent prudent and determinable at the time a species is proposed for listing. If designation of critical habitat is not prudent or if critical habitat is not determinable, the reasons for not designating critical habitat will be stated in the publication of proposed and final rules listing a species. A final designation of critical habitat shall be made on the basis of the best scientific data available, after taking into consideration the probable economic and other impacts of making such a designation in accordance with § 424.19.
(1)
A designation of critical habitat 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
(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 requirements include, but are not limited to the following:
(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.
Code of Federal Regulations
Code of Federal Regulations
1124
(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 State(s), county(ies), or other local governmental units within which all or part of the critical habitat is located. Unless otherwise indicated within the critical habitat descriptions, the names of the State(s) and county(ies) are provided for information only and do not constitute the boundaries of the area. Ephemeral reference points (e.g., trees, sand bars) shall not be used in defining critical habitat.
(d)
When several habitats, each satisfying the requirements for designation as critical habitat, are located in proximity to one another, an inclusive area may be designated as critical habitat.
Code of Federal Regulations
(e)
The Secretary shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species.
(f)
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.
(h)
Critical habitat shall not be designated within foreign countries or in other areas outside of United States jurisdiction.