Recovery Plan for the Northern Spotted Owl - DRAFT

"Threatened species" means a species likely to become endangeredin the foreseeable future throughout all or a significant portion of itsrange.The Endangered Species Act requires that listing decisions be made "solely onthe basis of the best scientific and commercial data .... " In this context,"commercial data' refers solely to information regarding trade in a species orproducts derived from it, and does not allow the probable economic consequencesto affect a decision regarding a species' listing.3. Critical Habitat DesignationThe Endangered Species Act also directs the agencies to propose criticalhabitat "to the maximum extent prudent and determinable." Once again, theact's definitions are important."Critical habitats" are specific areas within the geographical areaoccupied by a species at the time of listing on which are found thosephysical or biological features (1) essential to the conservation of thespecies; (2) which may require special management considerationsor protection; and (3) specific areas outside the area occupied by thespecies upon a determination that such areas are essential to itsconservation."Conservation" means the use of all methods and proceduresnecessary to bring a species to the point at which the protectivemeasures of the act are no longer necessary. Conservation is theprocess or means of achieving recovery. It is reasonable for thedesignation of critical habitat areas "essential to the conservation ofthe species" to consider the habitat needs identified in a recoveryplan.Designation of critical habitat is considered to be prudent when it would be ofconservation benefit to the species for which it is designated. Critical habitat isdeterminable if sufficient information is available to adequately delineate thearea or areas that should be included in the designation.The act also requires an examination of the economic and other relevantimpacts of the designation of critical habitat, and allows areas to be excludedfrom critical habitat if the benefits of exclusion outweigh the benefits of inclusion,unless exclusion would lead to the extinction of the species.In the proposed and final listing of the northern spotted owl, the FWS deferreddesignation of critical habitat as "not determinable." Critical habitat must bedesignated to the maximum extent prudent and determinable at the time aspecies is listed. If critical habitat is not determinable at listing, the act allowsan additional year beyond the one in which listing must progress from proposedto final. At the end of the second year, critical habitat must be designatedto the maximum extent prudent. In further consideration of the casethat challenged the FWS's original petition finding, the court did not accept theFWS's argument that critical habitat for the owl was not determinable, andordered the FWS to publish a proposal to designate critical habitat by April 29,1991. A proposal for 11.6 million acres of critical habitat was published onMay 6, 1991. A revised proposal that reduced the area to about 8.2 millionacres, principally by excluding private, Indian, and state lands, was publishedon August 3, 1991, and a final designation of 6.9 million acres was issued onJanuary 15, 1992.4