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DEC 171980 BOOK 45 PAGE 466 Jacksonville Area Office U.S. Fish and Wildlife Service 15 North Laura St. Jacksonville, Florida 32202 Listing and Critical Habitat - [That they Mean The U.S. Fish and Wildlife Service (FWS) is the Federal agency with the major responsibility for the Endangered Species Act of 1973. The Act provides for two categories, endangered and threatened. The 1978 amendments require that, in most cases, Critical Habitat be determined for each species when it is listed. Listing A. What listing does for a plant species. 1. Section 4 requires that the FWS carry out recovery activities for listed species, and Section 5 gives the FWS the authority to acquire land for listed species. 2. Section 6 provides for Cooperative Agreements with states. A Cooperative Agreement provides the state with matching funds for research, management and recovery of listed species. 3. Section 7 of the Act requires that all Federal activities in the area be done so as not to imperil the species or its habitat. This includes activities authorized, funded or carried out by Federal agencies. The Federal agency involved enters into "Section 7 Consultation" with the FWS. During consultation the agency and the FWS work together to insure that the project does not jeopardize the listed species. 4. Section 9 of the Act prohibits international or interstate trade in the listed species. B. What listing does not do for a plant species. 1. Listing does not prohibit the taking of plant species. (It does prohibit the taking of animal species.) 2. Listing does not affect private, state, or local governmental activities which may affect the listed plant species (unless there is some Federal participat:Ton.) Critical Habitat A. What Critical Habitat means? 1. The Critical Habitat map simply shows Federal agencies where the listed species is found. It makes it easier .for the agencies to know if and when to consult with the FWS on a project in the area. 2. Sometimes Critical Habitat is not designated because it is not prudent to let everyone know where the species, which may be vulnerable to collecting, can be found. Federal agencies still have their responsibility not to violate Section 7, i.e., they must still consult with the FWS. B. What Critical Habitat does not mean. 1. The designation of an area as Critical Habitat for a species does not mean that the FWS is going to acquire the area. 2. The designation of an area as Critical Habitat does not affect any private, state or local governmental activity within the area (unless Federal action is involved.) 46M