[Code of Federal Regulations] [Title 50, Volume 6] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR226.213] [Page 215-224] TITLE 50--WILDLIFE AND FISHERIES CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE PART 226_DESIGNATED CRITICAL HABITAT Sec. 226.213 Critical habitat for Johnson's seagrass. Critical habitat is designated to include substrate and water in ten portions of the Indian River Lagoon and Biscayne Bay within the current range of Johnson's seagrass.
Definition of Critical Habitat-- Critical habitat is defined in section 3(5)(A) of the ESA as ``(i) the specific areas within the geographical area occupied by the species...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...upon a determination by the Secretary of Commerce (Secretary) that such areas are essential for the conservation of the species.'' The term ``conservation'' as defined in section 3(3) of the ESA, means ``...to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary.'' In designating critical habitat, NMFS must consider the requirements of the species, including: (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, or rearing of offspring; and, generally, (5) habitats that are protected fromdisturbance or are representative of the historic geographical and ecological distributions of the species (50 CFR 424.12(b)). In addition, NMFS must focus on and list the known physical and biological features (primary constituent elements) within the designated area(s) that are essential to the conservation of the species and that may require special management considerations or protection. These essential features may include, but are not limited to, food resources, water quality or quantity, and vegetation and sediment types and stability (50 CFR 424.12(b)).