| |
Critical Habitat |
|
|
| |
What is Critical Habitat? |
|
| |
Critical habitat is a specific area needed by an endangered or threatened animal or plant in order for it to survive, not go extinct and recover to a healthy population.
|
|
| |
This area: |
|
| |
- may require special management, like protection from development;
- may include an area that the species is not currently using, but will need to use as its population grows and recovers;
- is only officially designated after a public comment period.
|
|
| |
What Critical Habitat is NOT: |
|
| |
Critical habitat is not a Marine Protected Area (MPA), Marine Life Conservation District (MLCD), Shoreline Fisheries Management Area (SFMA), sanctuary, reserve, refuge, park or wilderness area. |
|
| |
Hawaiian Monk Seal Critical Habitat |
|
| |
On July 9th, 2008, the NOAA Fisheries Service (also known as the National Marine Fisheries Service) received a petition by three conservation groups to review and establish revised critical habitat for the Hawaiian monk seal. Critical habitat is an area that is designated because it is considered essential for the conservation of a species.  These areas have primary constituent elements or physical and biological elements that are necessary for the species to survive and recover to a healthy population. In turn, the Endangered Species Act (ESA) prohibits any changes or “destruction or adverse modification” to these areas (as a result of to federally funded or authorized activities) that will diminish its value as important habitat for the survival and recovery of the species.
|
|
Photo: Jessica Aschettino |
Critical habitat for the Hawaiian monk seal was first established in the Northwestern Hawaiian Islands in 1986. This habitat included “all beach areas, sand spits and islets, including all beach crest vegetation to its deepest extent inland, lagoon waters, inner reef waters, and ocean waters out to a depth of 10 fathoms around Kure Atoll, Midway Islands (except Sand Island and its harbor), Pearl and Hermes Reef, Lisianski Island, Laysan Island, Gardner Pinnacles, French Frigate Shoals, Necker Island, and Nihoa Island” (51 FR 16047, April 30, 1986). In 1988, critical habitat for the Hawaiian monk seal was extended to include “all beach areas, sand spits and islets, including all beach vegetation to its deepest extent inland, lagoon  waters out to a depth of 20 fathoms around the following: Kure Atoll; Midway Islands, except Sand Island and its harbor; Pearl and Hermes Reef; Lisianski Island; Laysan Island; Maro Reef; Gardner Pinnacles; French Frigate Shoals; Necker Island; and Nihoa Island”(53 FR 18988, May 26, 1988; 50 CFR 226.201). The recent petition requests this current designation be “expanded to include key beach areas, sand spits and islets, including all beach crest vegetation to its deepest extent inland, lagoon waters, inner reef waters, and ocean waters out to a depth of 200 meters around the main Hawaiian Islands, and to extend critical habitat designation in the Northwestern Hawaiian Islands to Sand Island and ocean waters out to a depth of 500 meters.” |
| |
Current Information on the Hawaiian Monk Seal Critical Habitat
Petition Process |
|
| |
Posted 06.12.09 |
|
| |
On October 3rd, 2008, NOAA Fisheries published a “90-day finding” in the Federal Register announcing that the monk seal critical habitat petition presented enough information to consider a revision to designated critical habitat. On June 12th, 2009, NOAA Fisheries published a “12-month finding” in the Federal Register announcing our intention to revise monk seal critical habitat. The next step in this process is the publication of a proposed rule describing the revision of monk seal critical habitat, which will be followed by a public comment period and public meetings.
|
|
|
| |
How may critical habitat affect YOU? |
|
| |
|
|
| |
Q: Will I still be able to recreate in beach areas that have been designated as critical habitat for the Hawaiian monk seal?
A: Yes. A critical habitat designation will not impact access to, and recreation on, the public beaches of Hawaii. Critical habitat designation DOES NOT RESTRICT PUBLIC ACCESS. Areas designated as critical habitat are not reserves, refuges, Marine Protected Areas (MPAs) or parks. |
|
| |
|
|
|
| |
|
|
| |
Q: Will I still be able to fish in an area that has been designated as critical habitat for the Hawaiian monk seal?
A: Yes. A critical habitat designation only affects Federal activities (those that are federally authorized, funded, or carried out). This means that any fishing within State waters (3 miles or less from shore) will not be affected by critical habitat designation.
Q: Will I still be able to fish in Federal waters (more than 3 miles from shore)?
A: Yes. Even though fishing in Federal waters is Federally-managed, analysis conducted during previous management actions determined that such fishing has little effect on potential monk seal critical habitat. |
|
| |
|
|
|
| |
|
|
| |
Q: Can private development still occur in an area that has been designated as critical habitat?
A: Yes. The only developments that may be affected are those activities requiring Federal funding or authorization, such as filling of a wetland or repair of a seawall. This precaution is in place to ensure that Federal agencies do not destroy or adversely modify critical habitat through development or other activities. |
|
| |
|
|
|
| |
What activities are allowed and restricted in a critical habitat area? |
|
| |
|
|
| |
Allowed Activities: |
|
|
| |
Non-Federal activities on
private land, such as: |
- Construction
- Farming
- Logging
- ATV use
- Hunting
|
|
| |
| |
|
|
|
| |
Non-Federal activities on
non-Federal public land or water, such as: |
- Beach recreation
- Walking the dog
- Hunting
- Ocean recreation in State waters
- Shoreline and lay gill net fishing in State waters
- Boating and jet-skiing in State waters
- Operation of tour vessels in State Waters
|
|
| |
| |
| |
|
|
| |
|
|
| |
|
|
|
| |
Possibly Restricted Activities: |
|
|
| |
Federally authorized, funded or carried out activities, such as: |
- Federally-permitted fisheries
- Beach replenishment
- Coastal development
- Shoreline protection
- Channel/harbor dredging
- Military activities on or near shorelines
|
|
| |
| |
| |
| |
|
|
|
| |
What is the process to decide whether or not a federal action will be restricted in a designated critical habitat area? |
|
| |
Section 7 of the Endangered Species Act (ESA) requires Federal agencies to ensure that actions they authorize, fund, or carry out do not jeopardize the existence of any species listed under the ESA, or destroy or adversely modify designated critical habitat of any listed species. Thus, Section 7 requires consultation by the Federal ‘action agency’ (the agency authorizing, funding, or carrying out the action) with the appropriate regulatory agency, either the NOAA Fisheries Service for marine species, or the U.S. Fish & Wildlife Service (USFWS) for terrestrial and freshwater species. Please see the ESA Consultation page to learn more about this process. |
|
| |
What is the next step in the process of revising monk seal critical habitat? |
|
| |
The next step in this process is the publication of a proposed rule describing the revision of monk seal critical habitat, which will be followed by a public comment period and public meetings. |
|
| |
|
|
| |
Points to Remember...
- Critical habitat does not set up a refuge or preserve.
- Critical habitat does not affect non-Federal actions.
- Effects of Federal actions on critical habitat are analyzed in Section 7 consultation.
|
|
| |
|
| |
|
|
|
|
|
| |
Critical Habitat Definitions: |
|
| |
Critical habitat: |
|
|
- Specific areas within the geographical area occupied by the species, at the time it is listed, on which are found those physical or biological features (primary constituent elements) that (a) are essential to the conservation of the species, and (b) may require special management considerations or protection;
- Specific areas outside the geographical area occupied by the species at the time of listing that are essential for the conservation of the species (ESA Sec 3(5)(A); 50 CFR Sec 424.02).
|
|
| |
Destruction or adverse modification: |
|
| |
A direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species, including but not limited to alterations adversely modifying any of the primary constituent elements (50 CFR Sec 402.02). |
|
|
|
|
| |
Federal action / Federal activity: |
|
| |
Any action carried out, funded, permitted, or authorized by a Federal agency. |
|
|
|
|
| |
Primary constituent elements: |
|
| |
Physical and biological features essential to the conservation of the species, including but not limited to: |
|
| |
- Space for individual and population growth, and for normal behavior;
- Food, water, air, light, minerals, or other nutritional or physiological requirements;
- Cover or shelter;
- Sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal;and generally
- Habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species (ESA Sec 3; 50 CFR 424.12).
|
|
| |
Unoccupied critical habitat: |
|
| |
Not permanently or seasonally occupied, but necessary to either stabilize the population or assure eventual recovery (U.S. Fish & Wildlife Service and National Marine Fisheries Service Endangered Species Consultation Handbook). |
|
| |
|
|
| |
More Information |
|
| |
- Hawaiian Monk Seal 12-Month Finding, Federal Register/ Vol. 74, No. 112 / Friday, June 12, 2009 (Jun 2009, pdf 75kB)
- Hawaiian Monk Seal 90-day Finding, Federal Register/ Vol. 73, No. 193 / Friday, October 3, 2008 (Oct 2008, pdf 55kB)
- Hawaiian Monk Seal Critical Habitat Petition, (July 2008, pdf 757 kB)
- Hawaiian Monk Seal Critical Habitat, 1986, Federal Register / Vol. 51, No. 83 / Wednesday April 30, 1986 (51 FR 16047), (April 1986, pdf 695 kB)
- Hawaiian Monk Seal Critical Habitat, 1988, Federal Register / Vol. 53, No. 102 / Thursday May 26, 1988 (53 FR 18988), (May 1988, pdf 403kB)
- U.S. Fish & Wildlife Service and National Marine Fisheries Service Endangered Species Consultation Handbook
|
|
| |
Fact Sheets and Frequently Asked Questions (FAQs) |
|
| |
|
|
| |
|
|
|
