[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR424.12]

[Page 853-855]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 424_LISTING ENDANGERED AND THREATENED SPECIES AND DESIGNATING
 
                     Subpart B_Revision of the Lists
 
Sec. 424.12  Criteria for designating critical habitat.

    (a) Critical habitat shall be specified to the maximum extent 
prudent and

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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 Sec. 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
    (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 requirements 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 limited 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 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.

    Example: Several dozen or more small ponds, lakes, and springs are 
found in a small local area. The entire area could be designated 
critical habitat if it were concluded that the upland areas were 
essential to the conservation of an aquatic species located in the ponds 
and lakes.

    (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

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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.