Chapter 3 - Natural Resources - Marine Corps Base Camp Pendleton

Integrated Natural Resources Management Plan [March 2012 - Update]
of the ESA as – “(i) the specific areas within the geographical area occupied by the species,
at the time it is listed in accordance with the provisions of Section 4 of the ESA, on which
are found those physical or biological features (I) essential to the conservation of the
species and (II) which may require special management considerations or protection; and
(ii) specific areas outside the geographical area occupied by the species at the time it is
listed in accordance with the provisions of Section 4 of the Act, upon a determination by
the Secretary that such areas are essential for conservation of the species.”
According to USFWS policy (DoD 2002), if adequate special management or protection is
provided by a legally operative plan that addresses the maintenance and improvement of
the primary constituent elements important to the species and manages for the long-term
conservation of the species, habitat identified as essential to the protection and recovery of
a species may be omitted from federal critical habitat designation.
Additionally, the National Defense Authorization Act for Fiscal Year 2004: SEC. 318.
MILITARY READINESS AND CONSERVATION OF PROTECTED SPECIES amended
Section 4(a)(3) of the ESA (16 U.S.C. 1533(a)(3)) by:
(1) Redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively.
(2) Inserting “(A)” after “(3).”
(3) Adding at the end the following:
“(B)(i) The Secretary shall not designate as critical habitat any lands or other
geographical areas owned or controlled by the DoD, or designated for its use, that
are subject to an INRMP prepared under Section 101 of the Sikes Act (16 U.S.C.
670a), if the Secretary determines in writing that such plan provides a benefit to
the species for which critical habitat is proposed for designation.
(ii) Nothing in this paragraph affects the requirement to consult under Section
7(a)(2) with respect to an agency action (as that term is defined in that section).
(iii) Nothing in this paragraph affects the obligation of the DoD to comply with
Section 9, including the prohibition preventing extinction and taking of
endangered species and threatened species.”
Section 4(b)(2) of the ESA of 1973 (16 U.S.C. 1533(b)(2)) was also amended by inserting
“the impact on national security,” after “the economic impact.”
As noted above, critical habitat “shall not” be designated on an installation where the
Secretary of Interior determines that the applicable INRMP provides a benefit to the
species.
In making its assessment, on behalf of the Secretary of Interior, Region 1 of the USFWS
developed the following guidance in 2001, to determine if a plan provides “benefit” to the
species:
Chapter 3 – Natural Resources 3-79